The Massachusetts Family Law Group understands the dynamics of family law and places a great emphasis on those legal issues affecting the gay and lesbian communities. In November 2003, the Massachusetts Supreme Court ruled that the state’s ban on same-sex marriage violated the state constitution and that civil marriage licenses must be made available to same-sex couples. Since then, almost 10,000 same-sex couples have married. Close to five hundred divorces have also been reported.
As legal trends evolve, gay and lesbian couples may find themselves facing a confusing mass of laws and case precedent regarding family law matters. Attorney Irwin M. Pollack and all of the attorneys at The Massachusetts Family Law Group work closely with clients to explain current laws affecting gay and lesbian couples in child custody cases, property division and even estate planning.
An Important Warning About Property Division
To Same Sex Couples:
Transfers of property between a husband and wife in a traditional dual sex marriage, including retirement benefits, is a non-taxable event. Under federal law, pensions, retirement funds, and the like can be transferred between traditional husbands and wives as an exception to ERISA. This is not the case with same sex marriage and at present all transfers between same sex spouses are fully taxable as if to a third party. Same sex couples have potentially both a capital gain and gift tax involved. Pension and retirement benefits cannot be transferred via a Qualified Domestic Relations Order (QDRO). Because of tax ramifications, premarital planning relative to taxes may well have great significance for same sex couples.
If you have questions regarding your legal rights and protections available to you and your partner, contact us.
Massachusetts courts typically will not consider a parent’s sexual orientation in custody and visitation determinations unless it is shown to adversely affect or harm the children.
Massachusetts law states: “In making an order or judgment relative to the custody of children, the rights of the parents shall, in the absence of misconduct, be held to be equal, and the happiness and welfare of the children shall determine their custody. When considering the happiness and welfare of the child, the court shall consider whether or not the child’s present or past living conditions adversely affect his physical, mental, moral or emotional health.”
Let us help you make the transition to the next chapter in your life. Call (800) 910-DIVORCE for questions relating to your gay or lesbian matter, or for zealous and compassionate legal representation, contact us for a no-obligation consultation in Norwood, Woburn, Worcester, Springfield, and Plymouth.