Same-sex marriage is the law of the land since the 2015 U.S. Supreme Court decision in Obergefel v. Hodges. This case recognized same-sex marriage as a fundamental right protected under the Constitution. But with rights come responsibilities, and same-sex couples will now face the same difficulties traditionally experienced by couples in divorce. These include children’s issues (child support, visitation, decision-making, etc.), the division of marital assets and liabilities, and the question of spousal support (alimony, divorce, etc.). For example, placing your new spouse’s name on your premarital property can be an issue. Perhaps a prenuptial agreement should be considered to avoid many of these potential trouble-spots in the future. If you are in a same-sex relationship and considering marriage, it would be wise to consult with a qualified, experienced family law attorney to ensure that assets are protected and that all options can be discussed prior to your wedding day.
I’M GETTING DIVORCED: CAN I GET MY SPOUSE’S SOCIAL SECURITY?
It is typical in a divorce case that at least one spouse had worked during the marriage and thus may have contributed to Social Security during employment.