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The basics of same-sex divorce

Washington is one of a growing number of states that allows same-sex marriages. However, lesbians, gays, bisexuals, and transgendered persons should also take note that once they enter marriages, there is also the possibility they may one day find themselves in a divorce. Gay couples should be prepared for divorce and learn the basic issues that their straight friends have been experiencing for quite some time now.

For same-sex partners, one of the important issues to discuss is prenuptial and postnuptial agreements. Same-sex partners can draft any of those agreements in states where same-sex marriage is recognized. The agreement allows couples to decide on how to divide their property and assets in the event of divorce. During divorce, couples should also note that the person who will be paying the spousal support can deduct it on his or her federal income tax returns. Additionally, spouses should note that retirement assets can be considered marital property and therefore subject to division during divorce. Lastly, spouses may be interested to know that the IRA can be transferred without any federal tax incurred through a QDRO.

Basically, same-sex divorce is the same as usual divorces of straight couples. A divorcing gay individual can learn by reading the experiences of people who have gone through divorce. It is also important for a divorcing individual to equip oneself with the right amount of knowledge, especially on the basics of divorce. By doing so, he or she will not be caught off-guard if divorce papers are served.

Here in Gig Harbor, Washington, same-sex partners who are undergoing divorce and other family law issues may wish to speak with an attorney for sound advice.

Source: Fox Business, "A financial benefit of same-sex marriage? Divorce.," Tobie Stanger, June 5, 2014

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