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Rare Gay Palimony Suit Filed In Hawaii

Lesbian Couple Fights Over Assets

POSTED: 6:06 pm HST August 19, 2010
UPDATED: 8:10 pm HST August 19, 2010

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Joanne Gibeault said her relationship was just like marriage, both partners investing emotionally and financially, but when it suddenly ended in January, she realized she had no divorce law to protect her from poverty.

Gibeault said a younger woman came between her and her partner, ending a relationship in which she depended on her partner’s income and retirement plans.

“She didn't want me to draw a salary in my job because she made enough money to take care of us and to put away,” Gibeault said.

Like other gay couples, Gibeault said they hoped to marry if it became legal. They also hoped for civil unions. But putting their arrangements in writing didn't seem important.

“We got along really well all those years and I just never worried about it,” she said.

Gibeault said she even gave up her cabinetry business to care for her partner's aging parents. So, she said she was stunned by both the break-up and her sudden poverty. She said she pointed out to her partner that she owned none of the assets they’d accumulated as a couple.

“She said ‘Well, sorry. Everything's mine. My name’s on it’," Gibeault remembers.

Experts said Hawaii doesn't have palimony or common law marriage for unmarried couples. So, Gibeault is suing her partner in civil court, arguing they had a verbal contract like marriage and asking for the assets she would get if they were divorced.

Generally, that would be half the real estate they’d accumulated while together, shared custody of their dogs and potentially a share of her partner’s pension.

“All I want is what married people would have if it happened to them,” Gibeault told KITV. “She promised it to me. I am 53 years old. I don't have a lot of time left before I retire.”

The attorney for Gibeault's partner sent us an e-mail saying she disputes Gibeault's claims and may file a counter-suit if it can't be resolved out of court. She wants to keep this as private as possible, that's the partner was not identified in this report.

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