In November 2008, Connecticut legalized same sex marriage so naturally we allow same sex divorces.
But just how are same sex divorces handled? And how are they different from other actions and legal separations?
Generally, the procedure and the law is he same whether it is a same sex divorce or the “traditional” variety. The waiting period (90 days) is the same. The court rules and overall procedure are the same. The judge applies the same statutes.
But there are differences because of federal law. Here are a few:
1. Social Security. A same sex spouse is not entitled to survivor benefits.
2. Retirement Plans. Certain retirement plans, like a federal pension, may not allow a distribution to a same sex spouse.
3. Child custody. If a parent relocates to a state that does not recognize same sex marriage, custody orders may not be enforced and the collection of child support difficult.
4. Alimony/spousal support. Alimony is taxable to the recipient and a “write off” to the payor. However, the IRS however has no regulations to address the tax consequences of alimony in the context of a same sex breakup.
Although the laws in Connecticut do not distinguish between a same sex dissolution and a “traditional” divorce, it is crucial to identify these differences.
This is one area of family law that always evolving and in a state of flux. A thorough understanding of ever changing federal laws on this subject allows for effective representation when negotiating a same sex settlement.
I represent clients in Connecticut Family Court and Divorce proceedings though out Fairfield County including those who reside in Easton, Fairfield, Monroe, Trumbull, Stratford, Bridgeport, Westport, Weston, New Canaan, Wilton, Norwalk, Darien, Stamford and Greenwich.
Please email me or call me in Stamford at (203) 356-1475 or in Fairfield at (203) 259-5251 if you have questions about Connecticut gay divorce requirements.