Article by David Glusman, Advisory Services Partner, "What to Expect in the Future with the Supreme Court's Decisions Regarding Same-Sex Marriage," Featured in CPA Now
The decisions in Obergefell v. Hodges and United States v. Windsor have now set the stage for a multitude of changes in actions, options, and necessary planning decisions. While some issues remain unresolved, the two landmark decisions have established that same-sex couples now have all of the rights and responsibilities that have been available to heterosexual couples with respect to marriage.
Same-sex couples now face the age-old quandary heterosexuals have faced. The answer is not always a slam dunk. Millions of heterosexuals live in permanent or semi-permanent relationships without marrying. Many same-sex couples may decide to keep their unwed status as well, despite the new-found freedom to wed.
Those deciding to pursue marriage would be well-advised to thoroughly consider the complexities that come along with it, including how divorce actions and child support decisions will be made in the event that wedded bliss turns out not to be as blissful as hoped. Most state courts, which have almost universal jurisdiction on family law issues, are still working out the details for same-sex divorce proceedings. Courts are still working through what should happen in the event of separation or divorce if only one spouse is a legal parent.