Love & Partnership

Legal Benefits for Same-Sex Married Couples

Marriage has changed over the years, but unlike some forms of entertainment that become less popular over time, marriage has continued to evolve and become more accepted in modern society. As more people embrace same-sex marriage, civil rights advocates have started to consider additional forms of legal protection for same-sex couples. Now, laws have been passed to protect such couples from discrimination when filing for divorce, child custody, and filing for divorce spousal maintenance.

In the realm of divorce proceedings, contemporary laws serve as guardians against inequity, ensuring that all couples, regardless of gender or sexual orientation, receive impartial treatment. These legal provisions tackle critical issues such as asset division and spousal support, dismantling biases that may have historically permeated judgments based on the nature of the relationship.

Furthermore, these safeguards extend into child custody cases, emphasizing a child-centric approach. Denver Custody Lawyers (and experts of comparable caliber in other locations), often play a central role here as they advocate for just and unbiased custody determinations, assessing factors beyond the gender or relationship type of the parents. This involves a comprehensive evaluation, considering the ability of each parent to foster a stable environment, attend to the child’s emotional and physical needs, and nurture a positive parent-child relationship.

Moreover, the legal strides extend to addressing spousal maintenance, aiming to eradicate prejudices in financial support considerations post-divorce. These laws emphasize fairness, transcending the traditional constraints of gender composition within couples. Collectively, these legal developments signify a monumental stride towards fostering inclusivity and equality in family law. They reflect a commitment to dismantling discriminatory practices, providing a foundation for a legal landscape where all couples can navigate the intricacies of divorce, child custody, and spousal maintenance with the assurance of fair and just treatment.

Every year, same-sex married couples are progressively gaining more rights and opportunities, while LGBT rights are steadily gaining visibility. Currently, this form of marriage is legally recognized in 32 states, and an increasing number of additional rights and freedoms are being extended to same-sex couples. To assist these couples with their legal matters, numerous legal experts specializing in LGBT issues (such as this Family Lawyer Phoenix) have emerged. Their goal is to ensure that same-sex couples do not face any barriers in asserting their legal rights and receive the necessary support they require. These professionals are actively working towards providing equal access to legal rights for same-sex couples, a crucial stride towards achieving equality and justice for all.

Here are the legal benefits for Same-Sex Married Couple

Social Security Benefits

Did you know that in June 2015, Social Security began granting benefits to same-sex married spouses? This is huge! The SSA’s landmark ruling made it legal for same-sex couples across the country to receive Social Security survivor and disability benefits. Of course, before you can qualify for these benefits, you and your partner will need to get married or prove that your marriage is legitimate, and you will need to show that your marriage is either legally recognized where you live or accepted for immigration purposes.

Legally married couples are eligible for the same social security disability benefits that heterosexual couples receive, regardless of their state of residence. Same-sex married couples get the same Social Security benefits as opposite-sex married couples. The two spouses can share earnings between the spouses and their own earnings, or they can each get a larger benefit based on their individual earnings.

Tax Benefits

Same-sex couples who get married in 2015 will have a new federal tax benefit available to them. Married couples filing jointly will no longer have to choose between paying tax on the extra income from a domestic partnership or paying tax on the income from same-sex marriage. The exclusion of this new benefit will apply only to 2015, so same-sex married taxpayers will have to file the same old returns they would if they had not married in 2015.

Same-sex married couples can file their taxes jointly, and the couple’s filing status is used to calculate tax status, deductions, credits, and other federal benefits. After a marriage is recognized in all states, couples need to provide the Social Security Administration with a copy of the marriage certificate. For tax purposes, married filing jointly is the preferred status for same-sex couples, as it allows them to claim all of the same tax benefits as married heterosexual couples.

Immigration Benefits

Now that same-sex marriage is legal in every state in the country, there are more benefits available to married same-sex couples than ever before. If you and your spouse are legally married, you may be able to get immigration benefits, including citizenship, under immigration law. Same-sex married couples can obtain lawful permanent residency through marriage. For instance, if your spouse is a UK citizen, you may be able to obtain permanent residence through marriage. The UK Spouse Visa processing time can take longer, but being approved provides the wonderful opportunity to live and work with your spouse in the UK. Once approved, your spouse visa will allow you to live and work in the UK.

It’s worth noting that apart from the United Kingdom and United states, there are other countries that offer immigration benefits for same-sex married couples, such as Canada, Colombia, and several others. In case you are considering moving to the country your spouse is from, then you might want to apply for a Marriage Visa, as it can allow you to build a life with your partner in your chosen country, free from immigration-related worries.

Veteran and Military Benefits

A same-sex married couple is one whose partner is of the same gender. These couples face unique challenges regarding eligibility for benefits because they may fall into different categories. Without guidance, it’s easy to miss out on the valuable benefits couples have earned together. Fortunately, the Department of Veterans Affairs (VA) has specific guidelines about eligibility based on the couple’s marital status, making it easier.

If you’re a military spouse or veteran, you may have met your same-sex spouse while serving in the United States military. In fact, since 2014, many states have passed laws allowing same-sex couples to enter their marriages and be recognized as legally married, regardless of where they live.

Federal Employment Benefits

Same-sex married couples who are eligible for coverage under an individual account plan may elect to receive coverage through the spouse’s account, provided both members are federal government employees. The federal government offers a variety of benefits to same-sex married couples. You can now legally file your taxes jointly, but even if your partner doesn’t get a tax refund, they can still expect to receive the same benefits as your spouse. Federal employees receive family benefits, including health insurance, life insurance, health care benefits, and retirement.

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