Marital Property Rights
Same-sex couples have the same marital as hetero-sex couples. That means in the case of divorce, the marital property will be subjected to equitable division between both spouses. The property may not be divided fifty-fifty, as a number of factors will be considered in making a fair division.
However, the property owned because of inheritance or pre-marital business that remained free from the influence of your former spouse is considered as separate property and will not be subject to division in divorce.
Property division might face serious complications when it comes to same-sex couples. The property of one spouse may be considered separate and might not be subject to division under several circumstances. Whatever is the issue, we are here to help you figure it out.
Certain Reimbursement Rights
As more states are recognizing same-sex marriage, the law dictates that they are entitled to the same benefits as other couples. That also means that they are entitled to the shared benefits offered by employers like health insurance and other reimbursements.
Similarly, retirement plans, in states where gay marriages are legal, are also required to be shared between both spouses. However, there are still many jurisdictions where these marriages aren’t accepted and serious complications come into play there.
Health saving account or flexible spending account offered by employers are also impacted by Supreme court’s decision of legalizing same-sex marriage. These accounts allow you to reimburse the medical expenses of your spouse.
Hence, just like heterosexual couples, same-sex couples are also entitled to this benefit. They can also reimburse the amount of spousal medical expenses. This reimbursement is tax-free.
If a couple has been legally married in a state that allows same-sex marriage, they are entitled to spousal military benefits regardless of where they reside. These military benefits can continue after the divorce for a limited period of time.
It was properly announced by the Department of Defense that the spousal and family benefits provided to service members will be the same for both same-sex couples and hetero-sex couples, regardless of where they reside.
Spousal Maintenance or Alimony Rights, When Applicable
Similar to heterosexual couples, the judge will assess if one spouse is in financial need and the other spouse has the ability to pay the alimony. The alimony is awarded in case both spouses have unequal earning power. The amount may vary based on the high-earner spouse’s income.
Leave Benefits at Work
Under the Family and Medical Leave Act, the covered employees are eligible for 12 weeks of unpaid leave in case of a medical problem or a close relative’s medical problem, and their job won’t be terminated because of this leave. Same-sex couples can also assert these FMLA rights.