Pros and Cons of Same-Sex Marriage: Is it for You?
Fast facts to help you decide whether you'd want to pop the question if you could.
For same-sex couples living in Massachusetts, California, Connecticut, and Vermont, same-sex marriage -- or a reasonable facsimile of marriage -- is now a reality. If you live in any of these four states, you and your partner have a decision to make that same-sex couples have never had to make before: whether marriage is right for you.
A few other states -- Hawaii, Maine, and New Jersey -- have domestic partnership laws, but they offer limited rights that don't really approximate marriage. But for folks living in these and other states, it's never too early to think about what you might do if new relationship options became available where you live. Here are some things to consider as you think about how you want to structure your relationship.
- Having children. In most cases, if you have children or hope to raise a family, marriage is probably the right option. Married couples by law have equal rights to raise their children, as well as equal obligations of support. In a divorce, both parents can seek visitation and custody, and, if one parent dies, the other one steps right in as the primary legal parent. It's pretty difficult to make these sorts of arrangements absent a legal marriage or a second parent or stepparent adoption.
- Jointly owning property. Marriage isn't a prerequisite for owning property together, but if you get married, in most situations your property will be jointly owned regardless of who pays for it. This is the reverse of the presumption that applies to unmarried couples. Getting married may be the most efficient way of establishing a property merger -- though, if keeping things separate is more to your taste, you will have to sign a prenuptial agreement to avoid the joint ownership presumptions of a legal marriage.
- Splitting up property. In most states, each married spouse's earnings are owned by the two of you, and, if the marriage breaks up -- regardless of who's at fault -- you each generally get half of everything you've accumulated. By contrast, if you are unmarried, your property is co-owned only if you have an agreement to that effect. Likewise for debts and obligations. Divorcing spouses are also entitled to demand alimony if the marriage doesn't last, without the need for any explicit contract providing for post-separation support.
Page 1 of 3
Next Page
Copyright 2006 Nolo
