Same-Sex Marriage Archives - Page 3 of 3

A Review Of Estate Planning Rights After The Supreme Courts Rulling On Same Sex Marriages

Now that the United States Supreme Court has deemed the refusal of states to allow same sex marriages unconstitutional, same sex couples in all fifty states may now marry, divorce and establish estate plans as spouses. This is a good time to review the rights of married couples with respect to estate planning and the steps that couples should consider taking to ensure that their wishes are carried out properly.

In Ohio, surviving spouses have certain statutory rights to the deceased spouse’s probate estate. In essence, you can’t completely disinherit a spouse. Under Ohio law, a surviving spouse receives a number of benefits, including, but not limited to, a family allowance of the first $40,000 of the estate, the first two automobiles not specifically bequeathed, the right to live in the marital residence rent free for a year, the right to take against the will, etc. Spouses also have certain property rights in divorces, such as the right to share in marital property and possibly spousal support. However, many of these rights may be waived by executing an antenuptial agreement before marriage. With an antenuptial … Read More...

A Look At The Same-Sex Marriage Law And The Defense of Marriage Act (DOMA), One Year Later

DOMA Same-Sex Marriage A few weeks ago marked the one year anniversary since the Defense of Marriage Act (DOMA) was struck down by the Supreme Court of the United States. This article aims to analyze changes and new laws that have arisen since this decision, discussing where the states and national laws stand in regards to same-sex marriages.

What was the DOMA ruling?

The decision regarding the DOMA law was released on June 26,2013. The decision that struck down the Defense of Marriage Act had some implications; however, it did not require that states recognize or allow same sex marriage. The significant portion of the DOMA ruling allowed for states that recognized same sex marriages at the time to be granted the same federal benefits as heterosexual marries couples. We posted this linked blog article on the Ohio Family Law Blog at the time of that historic decision. At the time of the ruling, there were a total of 13 states and the District of Columbia that had legalized same-sex marriage.

Same-Sex Marriage Laws in States following the DOMA ruling

Since the DOMA ruling, … Read More... “DOMA: Same-Sex Marriage Rights Update”