ELIZABETH, NJ (AP) -- The nation's first openly gay governor should not be required to pay alimony to the woman he was married to for just four years, his lawyer said Wednesday.
LIVE AUDIO LIVE VIDEO
Stephen Haller, who represents former New Jersey Gov. James McGreevey, said the couple's ``short-term marriage'' does not qualify for her for alimony.
Besides, Haller said in his opening statement in the McGreevey v. McGreevey divorce trial, her earnings exceeded his during about half of their marriage.
John Post, who represents Dina Matos McGreevey, said it was ``absurd'' that the two partners had equal earnings.
She wants the alimony amount awarded to consider his ``marital conduct,'' including his alleged relationship with a male staffer.
McGreevey resigned from office in 2004 after saying he had an affair with a male staffer. The staffer denies the affair and says he was sexually harassed by the governor.
McGreevey and his estranged wife arrived at the Union County Courthouse about 10 a.m. Wednesday for the fifth day of their divorce trial.
New Jersey former Gov. Jim McGreevey said a settlement is unlikely.
Asked if his divorce would proceed to trial, McGreevey said ``Unfortunately, probably yes.''
His wife, Dina Matos McGreevey, said nothing as she entered the courthouse.
However, Post did not rule out the possibility that the two sides still could strike a deal, even after the trial began.
Talks broke off Monday without progress. The trial was postponed Tuesday because of illness.
The judge was meeting with the McGreeveys and their lawyers Wednesday morning in hopes that the two sides would find some common ground on financial matters.
Haller said the ex-governor would be first on the witness stand when the judge begins taking testimony, perhaps before lunch. He is expected to testify that his income is limited because he is an Episcopal seminary student. The former governor lives in a house owned by his boyfriend.
Alimony, child support, and how the couple should divide their assets and liabilities are unresolved.