
No Limitation By Ted Laguatan 12:06 am | Friday, August 2nd, 2013 Last month, the US Supreme Court decided that the Defense of Marriage Act (DOMA) is unconstitutional. Essentially, DOMA was a federal law that defines a legal marriage as that between a man and a woman. By striking it down as being unconstitutional, this meant that laws in various states allowing same sex marriages are now considered legal. This major US Supreme Court decision has far-reaching ramifications. For all practical and theoretical purposes, same sex spouses will now be treated legally as similar to opposite sex spouses. They will have the same legal benefits and liabilities as opposite sex spouses. For example: Real or personal property, acquired during marriage, generally becomes community property (unless the source of the acquisition funds is identified and recognized as separate property belonging to only one of the spouses). The debt of one party generally also becomes community debt with some exceptions. Issues re social security benefits, pension rights, insurance coverage, widow or widower benefits, estate inheritance, etc. – are all affected. Shortly after the US Supreme Court decision, US Homeland Security Secretary Janet Napolitano issued a directive that henceforth, same sex spouses will have the same benefits under the US immigration laws as opposite sex spouses. For example: Immigrant visas can now be filed by US citizens for their same sex spouses; Those entering the US on nonimmigrant working visas or investors’ visas can also now include their same sex spouses as their Read More …