Gay Marriage and Divorce

Planning Considerations for Same-Sex Spouses in the Event of Divorce or Death

Marriage has always been governed by state law, and it is only in very recent history that select states began revising their definitions of marriage to acknowledge the rights of all couples to be married. While Massachusetts made same-sex marriage legal in 2003 via the decision in Goodridge, it was not until the landmark 2015 decision in Obergefell v. Hodges that the U.S. Supreme Court ruled that same-sex couples have a fundamental right to marriage, making same-sex marriage legal in all 50 states. Finally, same-sex couples could avail themselves of the many legal benefits of marriage that opposite-sex spouses enjoy. However, same-sex spouses often face unique and complex legal issues in the event of divorce or death, and their legal rights are unfortunately still not always secure. Some of these challenges can be avoided or minimized with careful and strategic planning.

Marital Agreements

Common in any divorce are determinations regarding the division of assets and potential spousal support. A major factor is the length of the marriage, which may be less straightforward for same-sex spouses. If a relationship between a cohabitating same-sex couple spanned 20 years prior to the legalization of same-sex marriage, yet their marriage of only … Keep reading

Divorce and Space Crimes

The First Crime in Space! Recent headlines from The New York Times and other prominent news agencies drew in readers stating that the first crime in space had allegedly been committed. The articles went on to discuss the thorny privacy and jurisdictional issues given that NASA was involved and the crime was purported to have occurred on the International Space Station, where astronauts from the United States, Russia, Japan, Europe and Canada orbit the Earth. At its heart, however, the supposed first crime in space is a bitterly contested domestic relations matter involving income, assets, custody of a child, and de facto parent status.

Summer Worden and Anne McClain (a decorated NASA astronaut who was tapped for the first all-female spacewalk, and is in consideration to be the first woman on the moon) were married in 2014. Ms. Worden has a son, who was born approximately one year before the parties met.

By 2018, the parties’ relationship had broken down, and Ms. McClain, who had no legal status as a parent to Ms. Worden’s son, approached a Texas Court asking for shared parenting rights to the child and “the exclusive right to designate the primary residence of the child.” … Keep reading

Mother hugging her daughter.Freshly back to work from maternity leave, it warmed my new-mommy/divorce-lawyer heart to see this week’s U.S. Supreme Court decision affirming a loving mother’s right to share in the ongoing care and custody of children she helped raise during a long-term same-sex relationship. While the opinion itself speaks much more to jurisdictional issues and the Full Faith & Credit Clause of the U.S. Constitution than it does to gay rights, the V.L. v. E.L. case represents a significant victory for gay-rights advocates in Alabama, despite the best efforts of that state’s Chief Justice to ignore or outright defy social and legal developments advancing the rights of homosexual couples.… Keep reading