Family Law

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).