Gay divorce.

Abstract

The rapidly changing legal landscape of gay marriage is raising multiple challenges. The federal government now recognizes married same-sex couples and extends federal protections and rights to these couples. Fifteen states and the District of Columbia, as of 2013, acknowledge gay marriage as legitimate, though the majority still do not. The legal picture is particularly complex when dealing with multiple states, only some of which recognize same-sex marriage. One area of complexity, discussed in this commentary, involves the additional challenges that come up during the dissolution of gay marriage, which are not faced by heterosexual divorcing couples. Social workers need to educate themselves about these issues because they have an important role in helping same-sex couples navigate the legal and psychological complexities of divorce. In 1996, President Bill Clinton signed the Defense of Marriage Act (DOMA) (P.L. 104-199) into law. The law defined marriage as a union between one man and one woman and authorized states to disregard gay marriages performed in other states. Section 3 of DOMA, which denied federal benefits to same-sex married couples, was recently ruled unconstitutional. Federal agencies are now changing their policies and regulations to comply with the U.S. Supreme Court's ruling. Multiple federal agencies such as the Internal Revenue Service, Social Security Administration, Department of Veteran Affairs, and Office of Personnel Management are working to extend benefits to same-sex married couples. Federal laws such as the Family and Medical Leave Act of 1993 (P.L. 103-3) will now apply to all married couples. Same-sex couples may likely need to consult with professionals such as accountants and attorneys to understand their newly earned rights and how they may be affected by divorce.