New York Same-Sex Divorce Lawyer
Gay & Lesbian Divorce in New York City
On July 24th, 2011, New York became the sixth state in the nation to allow
same-sex marriage with the passing of the Marriage Equality Act. New York
State, and now the rest of the United States, acknowledges same-sex marriage
as a legitimate legal union and provides gay and lesbian couples with
the same rights as heterosexual married couples. With the development
of gay marriage came another legal issue, though: same-sex divorce and
Same-sex couples facing divorce will need to address common divorce issues, such as:
Property Rights, Financial Rights, and Custodial Rights
Same-sex couples face the same divorce challenges as heterosexual couples,
but the legalities surrounding these issues can be significantly more
complicated. Child custody, spousal maintenance, property division, and
other divorce-related problems may become very complex during the same-sex
divorce process. For this reason, it is highly recommended that you choose
a New York divorce attorney with experience – like the ones you
will find at Eiges & Orgel, PLLC.
How can Eiges & Orgel, PLLC help you?
Child Custody - About 25% of gay and lesbian couples across the nation raise children.
Same-sex child custody is governed by the same laws that govern traditional
child custody. If the child was adopted or born into the marriage through
in-vitro fertilization, the state will probably recognize both spouses
as legal parents. If the child was brought into the marriage by one spouse
from a previous relationship, though, child custody could become very
Property Division – Although New York law governs same-sex marriage and
divorce, these laws do not oversee all facets of property and asset division.
Common problems include: dividing pensions, dividing 401(k)s, and dealing
with federal tax complications. For example, heterosexual couples may
divide a retirement account or pension without prompting early withdrawal
fees or taxes. Gay & lesbian couples do not have this privilege. Similarly,
heterosexual couples can avoid capital gains taxes when they exchange
property; same-sex couples cannot avoid these expenses.
Spousal Support – Just like straight couples, gay & lesbian couples may establish spousal
support payments when they terminate their marriages. However, alimony
can be financially detrimental because it is not tax deductible, according
to federal law. Like property division, alimony payments will be perceived
as a gift or capital gain by the federal government, making support payments
subject to federal taxes. A legal representative can help you avoid financial pitfalls.
Contact Our Firm for Experienced Legal Guidance
Same-sex divorce in New York is, emotionally speaking, the same as straight
divorce. The legal side of gay & lesbian divorce can be more complicated
than straight divorce, though. Because of this, same-sex couples need
a lawyer who is prepared to help them negotiate the tedious legal proceeding
surrounding their separation. At Eiges & Orgel, PLLC, we help same-sex
couples establish spousal support, arrange child custody, and divide their
property and assets.
Our team is passionate about helping our clients through tough legal battles
and we believe that everyone is entitled to the best legal representation
they can obtain – even if their divorce settlement is subject to
additional taxes and complications. Let our team of New York City divorce
lawyers help you obtain a fair divorce agreement.
Contact our office today for the caring and compassionate legal guidance you deserve.