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As A Family Law Attorney, This Day Changed My Life #LoveWins

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Lawyer Michelle Fontenot shares her perspective today as we take down our “Gay and Lesbian Family Law” web page forever. #LoveWins

Michelle FontenotToday is an historic day and quite frankly, a day I never expected to see. As the tide of public opinion has been turning toward acceptance of gay marriage, I became hopeful that our country would take a stand for me and all gay couples who choose to marry. I wanted to take a moment today to talk from the heart about what this means to me.

Being gay in Seattle is so much safer than being gay in Texas. I moved to Seattle from Austin with my girlfriend over 20 years ago. I have watched significant changes in our communities towards acceptance and love. I came out to my parents and family. I have been loved. I have been lucky. I have worked in places that support me and who I chose to love. But the thing about feeling lucky is what I feel is at the heart of what today’s ruling means. Should gay people feel lucky that the world have become more accepting? We are people – just like you. Shouldn’t we get to live our lives free from discrimination and hatred? Today’s Supreme Court is a sea change. The tide has turned. Same sex families are entitled to equal rights across the county. We don’t have to worry when we travel that we won’t be allowed in hospital rooms if our loved ones become sick. We won’t have to worry about where our companies want us to move and whether that state will respect the family we have created.

I am so happy today to get to live and see this day. I am surrounded by loving co-workers, friends, and family. I have been on the verge of tears of joy and wanted to take a minute to express how impactful this day is to me – as a gay person.

As a family law attorney, this day also changes my work. We no longer will have to think about the patchwork of rights across the country and how to protect our clients. Whole areas of law will no longer be needed. Same sex families will be treated the same as all families. We are all one. I do feel lucky!

 

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What Every Registered Domestic Partner Should Know About the Automatic Conversion to Marriage

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The ‘big day’ is about a month away. On June 30, 2014, most same-sex registered domestic partners in Washington State will automatically become married under Washington State law. (If one partner is over the age of 62, your relationship will not automatically convert). By July 1st, Washington State will officially be a ‘one status’ state.

If you are in a typical same-sex registered domestic partnership, you will wake up on July 1st to find yourself married. Your domestic partnership will be extinguished.

So, what are your options?

  1. If you and your honey want to stay together, you may want to pick a more personal date to celebrate your nuptials. If you want to take control of the anniversary date of your nuptials, act fast. Get married before June 30, 2014 and send in your marriage certificate to the Secretary of State before the 30th, particularly if you get married in a different state. It’s also a good idea to make sure that your wills, power of attorneys, and health care directive are updated.
  2. If you and your sweetie are the kind of couple who go with the flow, just sit back and let all of us in Washington State celebrate your anniversary with you every year on June 30th.
  3. Now, if you are registered to be a domestic partner with someone who is no longer your sweetie, well, unfortunately, you can’t end your legal connection to the other person before June 30th. Your domestic partnership will be dissolved on June 30th and the legal status of your relationship will change to marriage.

But you can still dissolve your marriage this year. In the meantime, it’s a good idea to schedule a family law legal consulataton and to get your estate planning papers in order. Otherwise, your new spouse is going to have a lot of decision-making authority over your end-of-life decisions and also have inheritance rights in the event of your death.

If you’d like to speak with one of the attorneys at DuBois Cary regarding your choices around this issue, please call us and schedule a consultation. We are here to help. Our Seattle office number is (206) 547-1486 and our Bellevue office number is (425) 279-7863

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Washington State’s Domestic Partners Are About to Get Married – Whether They Know It Or Not

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Are you in a same-sex intimate relationship under a Registered Domestic Partnership? Are you aware that on June 30, 2014, the State of Washington plans to convert all registered same-sex domestic partnerships into married couples? Is that what you want to have happen in your relationship? Many same-sex couples have no idea this is about to happen. Here’s the deal:

Washington lawmakers authorized domestic partnerships in 2007, five years before same-sex marriage became legal. The law granted a range of marriage-like benefits to gay and lesbian couples, as well as to heterosexual couples in which at least one partner is sixty-two years old. Over 10,000 coupled registered as domestic partners. Well, not surprisingly, life comes along, things change, and you may not be where you were seven years ago.

Here’s an example: you or your partner may have broken up with someone else years ago and you are now married – illegally – because one or the other of you was in a registered domestic partnership (RDP). But that RDP was never dissolved. You or your partner can wind up married to that ex! If an ex-partner of yours or your partner’s lives in another state where same-sex partnerships aren’t recognized, a dissolution may not possible.

If the legal change in status coming June 30th does not line up with where you want to be on July 1st, you will need to speak with an attorney right now – within the next 30 days – in order to make sure you don’t find yourself accidentally married on June 30th of this year to another partner, or, to a partner you don’t want to marry. All RDP dissolutions need to be undertaken before March 30, 2014 in order to avoid the legal status change to marriage that occurs on June 30. Don’t wait!

If, however, if you are in an RDP and you are happy with the automatic change into legal status as a married person (with all of the legal ramifications that entails), then there’s no need to worry about your relationship status, but you may want to review your wills and estate planning. Congratulations!

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Washington State Domestic Partnerships Turn Into Marriages in 2014

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Remember when Washington State was one of the first states to recognize a domestic partnership for same sex couples? American history was made that day. That legislation, passed in 2007, allowed lots of people stand up and make their love visible by registering their relationship with the Washington Secretary of State. Couples who went ahead with registering as domestic partners changed their legal status to what’s known under the law as a Registered Domestic Partnership (RDP).

Well, here we are eight years later, and marriage equality in Washington is a legislative fact and a real option for most of Washington State’s gay couples. However, if you are a gay couple who registered and received status as being in an RDP from days past, you might be getting married without realizing it. Or, if you are planning to get married, you might want to review your status with a Seattle divorce lawyer.

Why? Because you may end up inadvertently married on June 30, 2014, when, by operation of law, all same sex Registered Domestic Partnerships convert into marriages in Washington State. Yes, that’s right. It’s happening automatically.

How do you find out if you (or your loved one) are part of a Registered Domestic Partnership? Just type a name in here: http://www.sos.wa.gov/corps/domesticpartnerships/

If you think it’s a good idea to dissolve your Registered Domestic Partnership, you’ll want to come in and discuss your options with a family law attorney in Seattle.

DuBois Cary Law Group offers marriage and partnership legal counseling for same-sex couples. Please feel free to call us at (206) 547-1486 to schedule a consultation.

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The Windsor List: Military Families & Veterans Benefits

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On June 26, 2013, the U.S. Supreme Court handed down its opinion in U.S. v. Windsor effectively ending the Defense of Marriage Act (DOMA). For the first time in United States history, federal law now recognizes marriages between same-sex couples.

I’ve decided to write a blog series exploring the legal ramifications of the Windsor decision on the legal lives of gay couples so that they have a chance to plan their state-to-state moves. I’m calling it The Windsor List in honor of Edie Windsor.

So this is where we are. A gay couple can now legally marry in several states in the U.S. and that marriage will be recognized by the federal government. But there’s a catch. Every state decides for itself who can marry (or not). There is no mandate on individual states to make same-sex marriage a legal option for all American citizens. And no state can be forced to recognize marriages that are valid in other states. This situation creates legal complexities for any same-sex couple whose marriage is recognized by one state but not another.

As an example, the federal government will recognize your same sex marriage if you live in a state (like Washington State), where your marriage is valid under state law. But, getting married in Washington does not automatically mean that other states will recognize your marriage. If you and your spouse are thinking about relocating out of Washington State (let’s say), it’s a very good idea to talk to an estate planning attorney to make sure your estate planning documents (such as your living will and will) are in order.

There is good news. Great breakthroughs have come for same-sex couples at the federal level in states that recognize same-sex marriage.

Today I’m looking at the good news, and the issues, around issues for members of our military, including veterans.

Military and Veteran’s Benefits

Same-sex married couples now have access to military and veteran’s benefits previously unavailable to them. Some examples include the following:

  • On-base housing
  • Shopping privileges
  • Transport and home leave
  • Military healthcare
  • Burial rights

For more information about these legal issues, please feel free to contact DuBois Cary partner Monica Cary (206) 547-1486.

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The Windsor List: Benefits

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On June 26, 2013, the U.S. Supreme Court handed down its opinion in U.S. v. Windsor effectively ending the Defense of Marriage Act (DOMA). For the first time in United States history, federal law now recognizes marriages between same-sex couples.

I’ve decided to write a blog series exploring the legal ramifications of theWindsor decision on the legal lives of gay couples so that they have a chance to plan their state-to-state moves. I’m calling it The Windsor List in honor of Edie Windsor.

So this is where we are. A gay couple can now legally marry in several states in the U.S. and that marriage will be recognized by the federal government. But there’s a catch. Every state decides for itself who can marry (or not). There is no mandate on individual states to make same-sex marriage a legal option for all American citizens. And no state can be forced to recognize marriages that are valid in other states. This situation creates legal complexities for any same-sex couple whose marriage is recognized by one state but not another.

As an example, the federal government will recognize your same sex marriage if you live in a state (like Washington State), where your marriage is valid under state law. But, getting married in Washington does not automatically mean that other states will recognize your marriage. If you and your spouse are thinking about relocating out of Washington State (let’s say), it’s a very good idea to talk to an estate planning attorney to make sure your estate planning documents (such as your living will and will) are in order.

There is good news. Great breakthroughs have come for same-sex couples at the federal level in states that recognize same-sex marriage.

Today I’m looking at the good news, and the issues, around employment, health and retirement benefits.

Employment, Health, and Retirement Benefits

Same-sex married couples now have access to many benefits previously unavailable to them. Some examples include the following:

  • Family based Immigration Visa
  • Federal employee benefits
  • COBRA family benefits
  • Family Medical Leave Act
  • ERISA plan beneficiary designations
  • Health Care Premiums
  • ROTH contribution limits

For more information about these legal issues, please feel free to contact DuBois Cary partner Monica Cary (206) 547-1486.

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In The Wake of DOMA: Introducing the Windsor List

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On June 26, 2013, the U.S. Supreme Court handed down its opinion in U.S. v. Windsor effectively ending the Defense of Marriage Act (DOMA). For the first time in United States history, federal law now recognizes marriages between same-sex couples.

I’ve decided to write a blog series exploring the legal ramifications of the Windsor decision on the legal lives of gay couples so that they have a chance to plan their state-to-state moves. I’m calling it The Windsor List in honor of Edie Windsor. This is the first in a series of posts about many issues that affect same-sex couples.

So this is where we are. A gay couple can now legally marry in several states in the U.S. and that marriage will be recognized by the federal government. But there’s a catch. Every state decides for itself who can marry (or not). There is no mandate on individual states to make same-sex marriage a legal option for all American citizens. And no state can be forced to recognize marriages that are valid in other states. This situation creates legal complexities for any same-sex couple whose marriage is recognized by one state but not another.

As an example, the federal government will recognize your same sex marriage if you live in a state (like Washington State), where your marriage is valid under state law. But, getting married in Washington does not automatically mean that other states will recognize your marriage. If you and your spouse are thinking about relocating out of Washington State (let’s say), it’s a very good idea to talk to an estate planning attorney to make sure your estate planning documents (such as your living will and will) are in order.

There is good news. Great breakthroughs have come for same-sex couples at the federal level in states that recognize same-sex marriage.

Today I’m looking at the good news, and the issues, around taxes.

Income and Estate Taxes

Before you get hitched, talk to your CPA about the tax consequences.

  • Consider what’s called the ‘marriage penalty’. Depending on your assets, there may be benefits to a joint filing. Or not.
  • For instance, you may have offset gains and losses to consider.
  • You may or may not be eligible for to be taxed at a lower marginal rate as married person.
  • If you have been married for a while, ask about amending your past returns (both income and estate).
  • Is a lot of your wealth in an IRA? If so, keep in mind, getting married can provide important estate planning options. For example, a surviving spouse can roll over an IRA at death.
  • Married couples have higher tax deferrals under the IRC §1031 like-kind exchanges, which is often used with investment properties.

Even if you decide that you’re not quite ready to change the legal status of your relationship, be sure to update your estate planning documents (especially your living will), so that you have selected the appropriate agent to make decisions for you if you are no longer able to yourself.

Monica Cary is a partner at DuBois Cary Law Group and specializes in mediation, collaborative law and wills and estate planning.

Local Seattle Divorce Attorneys and Seattle Family Law Attorneys

DuBois Cary Law Group, PLLC
927 North Northlake Way
Suite #210
Seattle WA 98103

(206) 547-1486

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In Our Seattle Family Law Practice, Equality is Good Business

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DuBois Cary Law Group congratulates the national and international LGBT community today. What an amazing day in history!

As you now know, the Supreme Court announced its decisions today in the Windsor (Section 3 of DOMA) and Perry (Prop 8) cases. This will forever change the way we at DuBois Cary practice law for our gay clients regarding marriage, divorce, adoptions and estate cases – and we couldn’t be more thrilled! For so long we’ve had to endure poor legal decisions that adversely affected our LGBT clients.Those days are over here in Washington State.

Furthermore, many of our beloved employees, whom we’ve long supported with equal benefits, are now entitled to those benefits as a matter of law under the DOMA ruling. We celebrate with them!

To quote the GSBA of Seattle, the first business chamber to be asked to sign on to the business-specific friend-of-the-court briefs in both the DOMA and Prop 8 cases:

“The United States v Windsor case challenged Section 3 of DOMA, under which same-sex spouses were precluded from accessing over 1,100 federal rights and responsibilities. As a result of this unfair and discriminatory treatment, employers and employees have been adversely impacted with greater income and payroll tax liabilities, higher administrative costs, the inability to provide equal spousal benefits and exemptions around gift and estate taxes. With the 5-4 decision striking down Section 3, equal benefits will be recognized by the federal government where same-sex marriages are recognized by the state.”

Equality is good business. Love wins.

DuBois Cary Law Group

(206) 547-1486

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