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Family Law

: Nontraditional Family Law

Same-Sex Divorce

By Laurie Kadair Redman, Esq.

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Mombian has a post today regarding a recent Washington Post Article on same-sex divorces. The article highlights several areas where the law is unsettled and same-sex couples are at a disadvantage, such as:

  • Family issues. Most agree that it is best to for the non-biological parent to adopt the children and that's still a good idea. However, courts that typically favor the mother in custody cases may face two moms. Also, for the non-bilogical parent that has not adopted, that parent is not entitled to child support.
  • Financial issues. Heterosexual couples divorcing get a tax deduction for alimony payments, but because federal law doesn't recognize same-sex marriage, the tax deduction doesn't apply. Plus, retirement and pension plans, easily split for heterosexual couples divorcing, have to be cashed out and and are heavily taxed for same-sex couples.
  • Crossing state lines. The Rhode Island Supreme Court, recently ruled that the state's family court lacked the authority to grant a divorce for a same-sex couples because that state doesn't recognize same-sex marriage. This left the couple involved without a vehicle for divorce unless they returned to Massachusetts where they were married.



Read the Mombian Post here and the Washington Post article here (free registration may be required).

Full post as published by Nontraditional Family Law on January 03, 2008 (boomark / email).

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