The White House has announced that the same-sex spouses of military vets are now granted spousal benefits.

The Supreme Court’s rejection of the Defense of Marriage Act (DOMA) means that the spouses of vets can collect federal benefits, regardless of their gender. Prior to this ruling, both the Defense departments and Veterans Affairs only granted benefits to the heterosexual spouses of veterans.

The opening up of benefits came on the heels of DOMA’s backers dropping their formal opposition to benefits for same-sex spouses. The White House has announced that couples who are legally wed must be treated the same across the board in terms of federal taxes, regardless of their gender. Same-sex couples can now file joint tax returns and get any available federal tax benefits that were previously only enjoyed by opposite-sex spouses.

Changes to same-sex benefits have also been made to family and medical leave benefits, immigration and Medicare, and in other federal agencies. Same-sex couples who are legally married are also now being recognized for federal tax purposes, says the IRS, even if the state where they live does not legally recognize their marriage.

In June 2013, the section of DOMA which barred a federal recognition of same-sex unions was ruled unconstitutional. But that did not automatically simplify the extension of veterans’ benefits to spouses; a different federal law governs those benefits, not DOMA, which limited the benefit availability to spouses “of the opposite sex.” But in August of this year, aCaliforniafederal judge ruled that spousal benefits cannot be denied to a lesbian veteran in a same-sex marriage.

http://www.usatoday.com/story/news/politics/2013/09/04/same-sex-veterans-obama-benefits/2764197/

http://takingnote.blogs.nytimes.com/2013/09/05/veterans-benefits-for-same-sex-spouses/?_r=0

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans lawyer, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

On June 26, 2013, the Supreme Court invalidated Section 3 of DOMA, which denied federal benefits to legally married same-sex couples. On August 9, 2013, the SSA issued a statement from Carolyn W. Colvin, acting commissioner, announcing the administration “is now processing some retirement spouse claims for same-sex couples and paying benefits where they are due.” The statement encouraged all individuals who believe they may be eligible to apply for Social Security benefits.

Most same-sex couples who are married reside either in the state in which they married or another state that recognizes their marriage. Others relocated after marrying to states that do not recognize their marriage. For now, it is only certain that the former group will be eligible for federal benefits. It remains to be seen whether those in non-recognizing states will receive equal treatment by the federal government.

President Obama weighed in following the Supreme Court ruling, saying, “It’s my personal belief – but I’m speaking now as a president as opposed to as a lawyer – that if you’ve been married in Massachusetts and you move someplace else, you’re still married, and that under federal law you should be able to obtain the benefits of any lawfully married couple.”

The elder law attorneys at Hook Law Center assist Virginia families with will preparation, trust & estate administration, guardianships and conservatorships, long-term care planning, special needs planning, veterans benefits, and more. To learn more, visit http://www.hooklawcenter.com/ or call 757-399-7506.

At present, same-sex married couples who reside in Florida cannot obtain a divorce, because the state does not recognize the existence of their marriage. On the other hand, they cannot remarry, as that would constitute bigamy in the states where the marriage is recognized. Some states where same-sex marriage is recognized have strict residency requirements for divorce, leaving some Florida residents who want a divorce in legal limbo.

While the section of DOMA that permits states to refuse to recognize same-sex marriages granted in other states was not struck down by the high court, the court’s decision is broad enough that it may provide a basis for future challenges to state laws. Same-sex marriage is prohibited in Florida and same-sex marriages from other states are not recognized.

Any legal challenge to state law will take some time, but the outlook has improved for same-sex couples wanting a divorce in Florida.

Contact a Jacksonville divorce lawyer with Richard D. Zasada, LLC or visit http://www.zasadalaw.com/

The post End of DOMA May Make Florida Divorces Easier for Same-Sex Married Couples appeared first on Richard D. Zasada, LLC.

If a prenup is controversial, then a postnuptial agreement, or “postnup,” could be even more so. But it does not have to carry a negative connotation any more than a prenup. A postnup serves the same purpose as a prenup, but it is an agreement entered into by a couple that are already married. It can contain all the same arrangements, and like prenups, postnups are gaining in popularity.

There are many reasons why you and your spouse might want a postnup. Perhaps you considered a prenup, but did not get around to it before the wedding. Or maybe the thought of a prenup did not occur to you, or you thought you disliked the idea but had a change of heart. Also, a postnup may be advisable if one or both parties inherit or expect to inherit significant assets. Inheritances are usually considered separate property anyway, but a prenup or postnup can make that crystal clear.

A postnuptial can also bring a measure of peace to a marriage full of conflict. A recent CNN report told the story of a Boston couple who had ongoing disagreements about money. He took on large amounts of debt to grow his consulting business, which kept her up nights worrying what would happen if the business failed. They agreed to put the house in her name and split the mortgage and other expenses, quelling her fears and bringing peace to their relationship.

Postnups may become even more common soon in the wake of the Supreme Court decision that struck down part of DOMA. That ruling invalidates the portion of the law that denied federal benefits to legally married same-sex couples. When those couples suddenly find themselves in new and different financial circumstances, they may want to make new legal agreements to account for those changes.

No one plans to divorce, and no one wants to spend time, money, and energy in a drawn-out court battle. But those are exactly the situations in which many couples find themselves today. A prenuptial or postnuptial agreement prevents a great deal of conflict and can even strengthen a marriage.

Alston & Baker, an Affiliation of Professional Associations: The Law Office of Robert C. Alston, Esq., P.A. and The Law Office of Marcie L. Baker, Esq., P.A. To contact a Zephyrhills divorce lawyer call 1.888.500.5245 or visit http://www.alstonbakerlaw.com.

Bankruptcy in the U.S. is subject to federal law – the U.S. bankruptcy code. The law varies somewhat from state to state, but bankruptcy cases in the U.S. are heard in federal court. That means bankruptcy cases were subject to DOMA. The prohibition of joint bankruptcy filings by same-sex married couples was not ironclad, however.

In fact, determining whether such a couple could file jointly has been a confusing matter for some time. Under the direction of presiding judges, some bankruptcy courts have allowed joint petitions by same-sex married couples. In June, 2011, a California bankruptcy court ruled that DOMA violated the U.S. Constitution’s guarantee of equal protection. In an unusual move, 20 bankruptcy judges signed onto a ruling rejecting the U.S. trustee’s office’s request that the joint bankruptcy petition of two legally-married California men be dismissed. Prior to that, a very small number of judges had called DOMA unconstitutional.

Just three weeks later, the U.S. Department of Justice announced that it would stop opposing joint bankruptcy filings of same-sex married couples.

But that still did not mean that those couples could count on being able to file jointly. Individual bankruptcy judges exercise great discretion in how to handle cases presented to their courts. They need not heed the rulings or opinions of other bankruptcy judges.

Daniel Maltbie and Garry Houston made news recently when they filed for joint bankruptcy. Having married in Vermont in 2003 and subsequently moved to Florida, they anticipated a rejection of their petition by judges sympathetic to DOMA and to Florida’s non-recognition of same-sex marriages. The couple and their attorney had indicated a willingness to appeal the case in the event their filing was dismissed.

Following the Supreme Court ruling in June striking down DOMA, Maltbie and Houston and many other couples in similar situations expect their cases to proceed smoothly. The decision affects many federal benefits in addition to joint bankruptcy filings, and it remains to be seen how quickly and completely it will be reflected in the government’s laws and day-to-day practices.

O. Reginald (“Reggie”) Osenton is the Owner and President of Osenton Law Offices, P.A. If you need a Brandon bankruptcy lawyer, attorney, call 813.654.5777 or visit http://www.brandonlawoffice.com.

Just two years ago, gay and lesbian individuals were prevented from serving openly in the military.  Now, same sex spouses of these veterans and service members will be able to share in their government benefits.

In a recent decision, the United States Supreme Court invalidated a portion of the Defense of Marriage Act which denied federal benefits to same sex couples married legally in their states.  This law has a large impact on the same sex spouses of veterans – they will now be able to get help with college tuition, can be buried in a national cemetery, and may be eligible for other financial spousal benefits.  Additionally, these spouses will now be able to receive indemnity pay for the death of a spouse in the military.

President Obama has directed Attorney General Eric Holder to work with cabinet members to ensure that these benefit changes are implemented swiftly and smoothly.  Congress may need to amend the statutes governing VA benefits.  Currently, the statutes don’t recognize a same sex marriage between two residents of a state that hasn’t legalized same sex marriage – even if that couple was married in a state that has.  Legislation to correct this has already been introduced into Congress.

The implementation of these new benefits for same sex couples will make a significant financial difference for many of these veterans.  For instance, a veteran considered 100% disabled is eligible for compensation amounting to $2,816 per month.  However, if that veteran has a spouse, they may receive $2,973 per month – a difference of $1,900 annually.

If you have questions about veteran benefits, contact Legal Help For Veterans at 800-693-4800 or on the web at www.legalhelpforveterans.com.

To learn more about the impact the Supreme Court’s DOMA ruling has on veteran benefits, please visit: http://www.huffingtonpost.com/2013/06/28/gay-veterans-supreme-court_n_3515999.html.

Legal Help for Veterans, PLLC fights for veterans rights. We fight to make sure you get the benefits you deserve from the Department of Veterans Affairs. To learn more or contact a veterans attorney, visit http://www.legalhelpforveterans.com/ or call 800.693.4800

Lesbian and gay married couples who are legally married in New York or any of the other 11 states that recognize same-sex marriage, and the District of Columbia, now have the right to more than 1,100 federal benefits that were previously only available to heterosexual married couples.

Same-sex married couples now have the ability to file joint federal tax returns and take unlimited marital deductions on federal and state taxes. The benefits also include access to immigration laws related to the residency of a spouse, stretch rollovers for distributions from retirement plans, and Social Security benefits.

Now is an important time for same-sex married couples to review their estate plans, as they will likely need to be amended to take the legal change into account. Estate planning documents such as wills, trusts, living wills and health care proxies should also be reviewed in light of the new circumstances. Individual and estate tax returns already filed may be open to amendment.

Married same-sex couples should contact their estate planning attorney or tax professional as soon as possible to take full advantage of these benefits.

For more information, visit www.littmankroooks.com.

Rabinowitz & Rabinowitz, PC. is an immigration law firm representing businesses and foreign nationals in employment-based visa cases. To learn more or to contact a Dallas immigration lawyer, visit http://www.rabinowitzrabinowitz.com.

Leahy told the news site, Politico, in a recent interview that at least one dozen U.S. states now legally recognize same-sax marriage. It does not make sense, Leahy said, for the federal government to help one married couple with immigration issues, but not another, simply based on their same-gender marriage.

One of the amendments backed by Leahy includes green cards for a foreign-born partner of a gay or lesbian U.S. citizen. Another amendment would give green cards only to a foreign-born partner if the couple is married.

Leahy stated that his goal is a fair and transparent process when it comes to the changes to immigration law, and for all people for whom it is important to get their say about those changes. In addition to the LGTB amendments, Leahy stated that the “trigger” issues are a number of border security benchmarks which must be agreed upon prior to allowing the more than 11 million undocumented immigrants apply for legal status. But critics are concerned that the compromise crafted by the Gang of Eight does not adequately address real border security issues and have countered with much tougher amendments.

The trigger encompasses extensive, new border fences; an agreed-upon, operational border security plan; the E-Verify system which would allow employers to check on the citizenship status of existing and potential employees; and a tracking system for both entry and exits at seaports and airports. Leahy said that he hopes any controversy is not enough to derail the important bill. Though the issues are serious, he said, they really should not be bones of contention. If the Senate truly wants an immigration bill, they will agree upon amendments to improve it and vote on them. Only people who really do not want a workable immigration bill, he said, will raise amendments with the intention of stalling it.

Currently, for married heterosexual couples, the spouse of a U.S. citizen can get immigration benefits, but the noncitizen of a same-sex couple cannot get the same benefit. This is due to DOMA, the Defense Of Marriage Act, a federal law which defines legal marriages as between one man and one woman. DOMA is currently under review in front of the Supreme Court. Will the majority of Justices strike down DOMA or will LGTB equality come into the country through the federal “side door” – immigration rights for same sex couples? We will know soon enough.

A. Banerjee is a Houston immigration lawyer in Texas. Before selecting an attorney, contact the Law Offices of Annie Banerjee by visiting their information filled web site at http://www.visatous.com.

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Medicare costs more for same-sex married couples as a result of DOMA. 

In response to the Supreme Court reviewing the constitutionality of the Defense of Marriage Act (DOMA), news outlets are reporting that DOMA increases private and federal health care costs for same-sex couples. As a result of a DOMA — which prevents the federal government from recognizing same-sex marriages — these couples are not privvy to the same benefits offered to hetrosexual married couples in programs like Medicare, Medicaid and Social Security. Politico recently reported, “The result is thousands of same-sex couples [are] facing more limited access to health insurance and steeper costs for coverage than their heterosexual counterparts.”

(Related: Elder Abuse Not Unique to James and Etta Jennings’ Overwhelming Story)

Fact or Fiction?

Fact. DOMA equates to limited access and higher costs when it comes to Medicare.

DOMA prohibits the federal government from acknowledging same-sex couples’ marriages. As a result, Medicare is more expensive for same-sex couples because it keeps  these couples from qualifying for spousal benefits. This impacts same-sex married couples’ Medicare eligibility and enrollment, and  can result in higher Medicare costs for these individuals.

Eligibility

To qualify for Medicare Part A (hospital insurance) without paying any monthly premium, a person must:

• be 65 years or older;

• be a legal resident of the United States for at least five years; and

• have worked for at least ten years (40 work credits) in which Federal Insurance Contribution Act (FICA) taxes (consisting of both Social Security and Medicare taxes) were paid, or be married to someone who has met this requirement.

(Related: (Related: Medicaid Applicant Denied for Uncompensated Transfer of Assets))

Individuals who meet these criteria are exempt from paying monthly premiums for Part A because they or their spouse paid Medicare taxes while working. With that said, this provision does not apply to same-sex married couples because DOMA does not accept same-sex married couples as married. As a result, those in same-sex marriages are not eligible for Part A through their spouse and must meet all eligibility requirements individually, or pay a monthly premium. This premium was $441 in 2013 if the individual has less than 30 work credits, or $243 with 30 to 39 work credits.

Additionally, DOMA prohibits same-sex married couples who might be covered by their spouse’s health benefits from deferring enrollment in Medicare Part B (medical insurance), which helps pay for doctors, outpatient hospital care and other medical services. Currently,  Americans who turn 65 must enroll in Part B unless the individual is still working, or is married to a spouse who is still working, and is covered by their employer’s group health plan.

These individuals can defer Part B enrollment without risk of being penalized and are able to choose to keep their employer’s or spouse’s employer’s insurance instead. However, those in a same-sex marriage cannot claim exemption from Part B enrollment even if they are married to a spouse who is still working and who is covered by their employer’s insurance because the federal government does not consider them married.

(Related: Bloomfield Hills Elder Lawyer Advice: Create a Personalized Healthcare Directive)

Thus, DOMA hinders same-sex couples Medicare benefits because same-sex married couples cannot enjoy Medicare spousal benefits, which can end up costing same-sex married individuals more when it comes to both eligibility and enrollment.

Credit to MedicareNewsGroup.com

Read more: http://medicarenewsgroup.com/context/beyond-the-sound-bite/beyond-the-sound-bite/2013/03/29/fact-fiction-medicare-costs-more-for-same-sex-married-couples?utm_source=Twitter&utm_medium=tweet&utm_campaign=Helen

Christopher J. Berry is an elder law lawyer in Michigan Dedicated to helping seniors, veterans and their families navigate the long-term care maze. To learn more visit http://www.michiganelderlawattorney.com/ or call 248.481.4000

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