gays weren't thinking marriage thru - Wife entitled to alimony in same-sex divorce

if stats hold up...NOT FOR LONG....

:lol::lol:

Q: My wife and I, who are both pediatricians, have been together for 21 years. We have three kids, two born before and one after our 2003 marriage, a month after same-sex marriage became legal in Massachusetts.

In order to care for our youngest daughter, who has special needs, my wife and I agreed it was best for me to stay home to care for and home-school her.

While I still work some weekend on-call shifts, I earn very little compared to what my wife earns.

I want to be able to continue to home-school our daughter until she finishes high school, in what we’d hope will be 10 years.

We are talking about divorcing. Can I get alimony? If so, for how long?— C.K.

Answer:

The U.S. Supreme Court ruled that the Federal Defense of Marriage Act (DOMA) was unconstitutional. Now the IRS must equally treat alimony payments made by every ex-spouse to the other marital partner, whether that couple was in a heterosexual or same-sex marriage.

After same-sex marriage became legal in Massachusetts, the IRS ruled there would be no favorable tax treatment for same-sex alimony payers who got divorced. So, once divorced, a same-sex alimony payer couldn’t deduct alimony on his or her federal income tax return. Even if those rulings haven’t been rescinded, we think they’re not enforceable because DOMA was ruled unconstitutional.

As for how long you’re entitled to alimony, the applicable Massachusetts statute, M.G.L. chapter 208, section 48, defines length of marriage as “the number of months from the date of legal marriage to the date of service of a complaint or petition for divorce.” And “the court may increase the length of the marriage if there is evidence that the parties’ economic marital partnership began during their cohabitation period prior to the marriage.”

If the court believed your facts, for purposes of determining the length of alimony, it could lead to a finding that your economic partnership started when you started living together with your spouse or, perhaps, on the date of birth of your first child. So, if you can prove your economic relationship started 21 years ago, you’re entitled to general term alimony for an indefinite number of years or until wife attains normal retirement age as defined by the Social Security Administration. If not, Chapter 208, section 49(b)(3) provides you’re entitled to alimony for 70 percent of your 11 years of legal marriage.

You should know that the alimony reform act discourages people from thinking alimony will be paid indefinitely. So you need to continue to work your on-call shifts and maintain your license in order to be able to return to full-time work once your daughter no longer needs home schooling.

While eventually returning to work may reduce your alimony, you’ll be able to provide yourself with a more secure long-term financial future.
http://bostonherald.com/entertainment/lifestyle/2014/06/wife_entitled_to_alimony_in_same_sex_divorce



Gays finally get to be married..NOW LET THE GAY DIVORCES COMMENCE!!:lol:

There's no reason why gay marriage should last any longer than hetero marriage which is batting 50/50 now..so...

you ain't seen mad until you see a 40 year old grown man HAVE TO PAY ALIMONY to a 35 year old grown man because thats the "lifestyle he's become accustomed to"..:lol::lol::lol:

I don't think we're going to see too many gay divorces..but there WILL be a rise in gay spouses getting bumped the fuck off in the next couple of decades..:lol::lol:

 

IMO many gays will be signing up to prenups and avoid the hassle.

 

What's up with all the smileys. You think this is funny? Besides, why do you think gay marriage would bevrdifferent compared to hetero marriages? Obviously, they are the same. And they know that. Your title is weird. Also, I don't think you understand alimony at all, has nothing to do with " lifestyle one got accustomed to" for the regular people, forget insanely rich people with wife's doing nothing, that is not the general alimony case. I don't agree with alimony in general, but if a spouce stayed at home, taking care of the kids, the lack of accruing retirement needs to be considered if one has stayed at home to.... Never mind, I'm too tired to have this exhausting convo