federal defense marriage act - Chicago Illinois Family Law Blog

Federal Same-Sex Marriage Ban Complicates Finances, Puts Spotlight on Inequalities

By Nottage and Ward on March 20, 2012

Many of the legal and financial ramifications of traditional marriage are automatic upon marriage. Even without a will, if one spouse dies, the other spouse is granted certain rights in the estate. Once married, each spouse has ownership rights to marital property. The parties also get all applicable health and employment benefits, can file joint state and joint federal tax returns, and are afforded many other financial and legal rights without taking any overt actions. Gay couples are not so lucky, unfortunately, and the financial issues that same-sex partners must face are a constant reminder that marriage equality is still far away, though it gets closer every year.

Many of the obstacles in the way of marriage equality for same-sex couples have been demolished by states through civil union and domestic partnership laws and even legalization of gay marriage. These are important steps toward the final goal of bringing change to the federal government and its Defense of Marriage Act (DOMA) With the ongoing financial hassles and denial of rights plaguing gay couples, the movement for change on the federal level is growing stronger.

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