a--?How do we divide the community interest in Pension Plans governed by Federal Law?
a--?Transfer of property incident to straight divorce is a non-taxable event. Is the same transfer between same sex spouses going to be taxable?
a--?Can a same sex couple file a Joint State Tax Return while not being able to file a Joint Federal Return?
a--?Divorcing straight couples can roll over half the community portion in a 401K or an IRA into the other partners tax deferred account. Can same sex couples do the same thing without paying a penalty and suffering a tax consequence?
a--?Can a non registered Domestic Partner be a presumed non-biological parent?
a--?Is the payment of spousal support tax deductible and includable?
What are your rights and options?
While the State of California accords same sex couples in a registered Domestic Partnership the same rights as straight couple, a myriad of complications arise as a result of the effects of Proposition 8 and DOMA (the Federal Defense of Marriage Act). Above is a smattering of the issues that same sex couples may face. The patchwork of the legal framework governing same sex relationships is daunting at best, and is challenging even to legal professionals. For a confidential analysis of your options and for creative solution contact a Certified Family Law Specialist in your are and ask for a free consultation.