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Same-Sex Family Law

With New York's passage of the Marriage Equality Act, same-sex couples can marry— the first marriage licenses were issued to same-sex couples in New York on July 24, 2011. But because of the Defense of Marriage Act (DOMA), the federal law enacted in 1996, which defines marriage as being between a man and a woman, equality under New York State law does not mean equality under federal law.

For example, although same-sex spouses can file a New York State income tax return as a married couple, those same spouses are not considered married under the watchful eyes of the Internal Revenue Service. Same-sex marriage and divorce is a new and constantly evolving area. Ms. Schaffer has drafted prenuptial agreements and separation agreements for same-gender couples, and anticipates her first same-sex uncontested divorce, which she has calendared for the day that the prospective plaintiff meets New York's residency requirements.



Lamda Legal NY Same-Sex Q & A
NY State Same-Sex Q & A
NY State Tax Information
NY State Marriage Equality Act / Income

City Clerk's Office
Marriage Info for Same-Sex Couples

This site is owned and operated by Barbara J. Schaffer, Attorney at Law, 225 Broadway, Suite 1515, New York, NY 10007 • 212 962.1196 • Copyright 2012.

225 Broadway
Suite 1515

New York, NY

212 962.1196

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