Same Sex Marriage
In June 2015, the United States Supreme Court passed a ruling prohibiting any state in the country from banning same-sex marriage. As a result, the ruling granted same-sex couples the same legal rights and benefits enjoyed by all married couples. Prior to this decision, 37 states including New Jersey had already recognized the rights of same-sex couples to legally marry.
New Jersey legalized same-sex marriage in 2013, becoming the fourteenth state to do so.Marriage Benefits
There are more than 1,000 federal laws in which marriage is a key factor in determining eligibility for benefits covered by those laws. The legalization of same-sex marriage now makes it easier for all couples to access certain federal tax, financial, legal and health benefits. These benefits include, but are not limited to, the couple’s ability to:
- Claim marital tax deductions
- File joint tax returns
- Receive certain Social Security benefits
- Make contributions to spousal IRAs
- Receive a rollover of a deceased spouse’s IRA without tax consequences
- Be granted next-of kin status for hospital visits and medical decisions
- Inherit a spouse’s estate without tax consequences and / or without a will
- Receive family coverage under a spouse’s health insurance policy
- Be eligible for family leave or bereavement leave if a spouse becomes seriously ill or dies
The Supreme Court ruling affects only how same-sex couples are treated under the law. The Court clearly stated that the ruling does not apply to churches or other religious organizations, which remain free to recognize marriages on the basis of their own beliefs and religious principles.Rights to Divorce
It is an unfortunate truth that no marriage – same-sex or traditional – is safe from the possibility of divorce. For same-sex couples, however, divorce poses unique problems. The change in the marriage law now grants same-sex couples the ability to file for divorce in any state.
At Kearns Rotolo Law, the best interests of its clients are a top priority. Our attorneys are experienced in all areas of family law including prenuptial agreements, divorce, property distribution, child custody, child visitation, and support matters.
Victor A. Rotolo has been included on the List of New Jersey Super Lawyers in the years 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2020, 2021, and 2022, marking his seventeenth year of inclusion on this list. The list of New Jersey Super Lawyers is generated by the Thomson Reuters organization which employs the following methodology and set of standards to compile the list each year. Super Lawyers Selection Methodology [No aspect of this advertisement has been approved by the Supreme Court.]
Victor A. Rotolo is certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
"A certified attorney is more than just an attorney who specializes in a particular area of law. A New Jersey attorney who is certified by the Supreme Court as a civil trial attorney must have:
- been a member in good standing of the New Jersey bar for over 5 years
- demonstrated a substantial level of experience in civil trial law
- been favorably evaluated by other attorneys and judges familiar with his or her work
- taken and passed a written examination in civil trial law."
Source: Supreme Court of New Jersey, Board on Attorney Certification, Brochure on Certified Civil Trial Attorney. See Rule 1:39: Specialty Certification of Attorneys.Call today for a free, one half-hour consultation.