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How The Same Sex Ruling Effects Divorcing Couples

Now that the Supreme Court has ruled that the Defense of Marriage Act is unconstitutional, same sex couples will receive the same federal benefits as opposite sex couples. In addition, the Supreme Court’s ruling will also affect same sex couples who get married and then divorced. This is because there are several benefits available to divorcing couples. The following are just a few of the effects that the Supreme Court’s ruling will have on same sex marriages and divorces.

Social Security benefits: If you are married for more than ten years and then get divorced, you may be eligible to receive Social Security benefits from your former spouse.
Military benefits: The Uniformed Services Former Spouse Protection Act provides certain benefits to former spouses of military members. These benefits may include retirement pay, medical care and the use of military exchanges and commissaries.

Tax liability: Married couples typically file joint returns. After a couple divorces, they may only file a separate tax return. However, they each are jointly and individually responsible for any tax, interest and penalties due on any previously filed joint tax return.

Health Insurance: Federal Employees receive health insurance benefits. Typically, after a divorce, the non-employee will lose his/her health insurance benefits. However, in some situations, the former spouse may be eligible to enroll for Federal Employee Health Benefit under certain conditions.

Maintenance (Alimony): Maintenance (alimony) payments have tax implications, as they are deductible to the person paying maintenance and they are taxable income to the person receiving maintenance.

Keeping informed on the changes to the law and how it affects same sex couples who get divorced is important. David Badanes recognizes the importance of changes to the law for all his clients. If you need an attorney who is up-to-date on the legal landscape and you want to hire an experienced same sex Divorce Attorney on Long Island, call David Badanes and the Badanes Law Office. Clients throughout Suffolk County and Nassau County rely on David Badanes. Contact their offices at 631-239-1702, email at david@dbnylaw.com or visit their web site: www.dbnylaw.com. The Badanes Law Office has offices in Northport and Garden City.

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How The Same Sex Ruling Effects Divorcing Couples