Same-Sex Marriages, Same Family Law Issues Apply

Richard I SegalIt is a proud moment to see the Supreme Court of the United States recognize same sex marriage and further equality for all. This was a long time coming and is a day to celebrate. However the celebration and joy for many same sex couples of finally being able to get married should not overshadow the fact that marriage still has very real legal ramifications for all newlywed couples.  For those same sex couples who have been together for a very long time and marriage now is simply a legal recognition for their already long established loving relationship, many of these legal family law principles such as equitable distribution and alimony might be novel concepts to consider and should spark new and open conversations with a spouse before deciding to run to the alter.  Many same sex couples are well established in their careers and are walking into the marriage with love and joy, but also with a lot of assets.

As a family law practitioner I would advise any potential couples, young or old, gay or straight, that a prenuptial agreement is a wonderful tool to lay out from the outset before getting married what each spouse would receive if the marriage unfortunately came to an end.  As I explain to potential clients, my firm would never advise potential business partners to go into a lifelong deal, invest all of their assets, but not document the deal and enter into a clear partnership agreement.  Thinking from a practical standpoint, and unfortunately having to recognize the divorce rate in the United States, there is nothing faux pas about considering entering into a prenuptial agreement.  If the marriage is strong and forever lasting, which we all go into marriage firmly believing, then a prenuptial agreement entered into will always remain simply a document stashed away in a vanilla folder and never have an impact on the relationship.  I fully envision seeing an uptick in business, and am happy to now be able to protect all couples assets before marriage.

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