The New York Marriage Equality Act

NYC Family Law Attorney - Same Sex Marriage

Thankfully, New York State legislators have recognized that same-sex couples should have the same rights as other couples through the passage of the Marriage Equality Act. This Act allows same-sex couples to marry, as well as to divorce, legally separate, and resolve matters related to parental rights.

The federal government also recognizes same-sex marriages for purposes such as taxation, provided the marriage was performed in a jurisdiction where it is legally recognized—as it has been in New York State since June 24, 2011, when the bill was signed into law.

The Marriage Equality Act and Divorce

Same-sex spouses also gained specific rights in divorce that were not available prior to the passage of the Marriage Equality Act. A spouse now has the right to seek support and a fair share of the marital property in a divorce. All matters related to divorce—including child support, property division, spousal support, child custody, and other related issues—are handled in the same manner as in any other divorce.

Just like any other marriage, your rights concerning legal status, benefits, privileges, protections, and responsibilities no longer differ based on the gender of the marriage partners. If you had a domestic partnership prior to the Act being passed, there may be legal matters to resolve before you can legally marry. Specifically, you may be required to terminate the domestic partnership agreement before entering into marriage to avoid legal complications. Additionally, if you were married in another state or country where same-sex marriage was already legal, New York will recognize your marriage as valid, and there is no need to remarry within the state.

Marriage in New York for same-sex couples brings access to important benefits, including: