Non-traditional couples in Massachusetts offered USAA insurance

David M. Gabriel & Associates

Affordable, reliable insurance can be difficult to acquire in Massachusetts and elsewhere and, as such, is a benefit that is worth fighting for. Widows and widowers who were in legally-recognized, same-sex relationships that have not remarried will now have the option of continuing insurance coverage from the United States Services Automobile Association. Divorced non-traditional couples that remain unmarried will also have access to the same benefits, according to the agreement. The change is part of an agreement the USAA made with the Attorney General’s office. The USAA provides insurance to members of the armed forces and their family members. In the past, the organization faced complaints that it ceased coverage for anyone in a same-sex relationship that ended in divorce or the death of one of the participants. Although Massachusetts began officially recognizing gay marriage in 2004, the USAA did not update its policies to include same-sex couples for eight years afterwards. Now, under the terms of the agreement, the USAA will provide benefits to the people whose requests were denied previously. The company will also pay a fine. In a statement released recently, the USAA claims the agreement is not a change from its regular practices. The company says it has offered benefits to non-traditional couples for the past two years. USAA asserts this includes both surviving spouses and divorcees — as long as they have not remarried. This agreement is one example of the difficulties non-traditional couples may face. Divorce or death of one of the partners only

Massachusetts spouses: How to know when it is time to divorce

David M. Gabriel & Associates

When a Massachusetts relationship has become strained, both parties often want to make a change. Deciding how to move forward, however, can be a bit of a challenge. In many cases, spouses are unsure whether to spend the time and energy trying to repair the marriage, or simply move forward with a divorce. The following tips are offered in the hopes of making those decisions easier to reach. At the end of the day, a marriage is an important bond, and is a significant aspect of an adult’s life. In cases in which the marriage can be saved, spouses should make every effort to do so. Some couples grow apart as they move through the transitions of life, such as when children enter the family or when they leave as adults. In these cases, the bond between husband and wife can sometimes be strengthened with the proper focus and effort. One way to know that a marriage is salvageable is when both spouses are willing to try counseling. The desire to make the effort signifies that both parties still hold hope that their bond can persevere. In addition, couples counseling is always more effective when both parties are willing to fully participate in the process. When a Massachusetts couple is unsure how to move forward through difficult times, the best course of action is to try all available methods of strengthening and preserving the bond between them. In some cases, counseling will be successful, and both spouses will gain insight

So-called pet custody case settled during gay divorce

David M. Gabriel & Associates

Massachusetts readers may have heard of an unusual case centered on the struggle over the care and custody of a shared pet. The dog, a miniature dachshund named Joey, was a pet in the home of a gay couple. When the two women decided to divorce, “custody” of Joey became a central issue. The judge presiding over the divorce agreed to schedule a separate hearing for the purposes of determining where Joey would reside, which marked a highly unusual approach to this form of property division. In many cases, judges refuse to hear arguments over which party will retain the family pets. In other cases, animals are treated as another form of property, and decisions are made based on which party acquired the animal or paid for its care. Very rarely is the issue given significant time in court, making this case highly unusual. Unfortunately for those who looked to the case to present a landmark decision on the issue, the couple was able to settle the matter outside of court. Joey will remain in the care of the woman who received him as a gift from her spouse. There is no mention of whether his other “mother” will be allowed to visit with him. Even though this case did not result in a hearing, pet lovers and animal rights activists still view the matter as a victory. The judge was at least willing to hear the argument, suggesting a shift away from treating animals in the same manner as

Massachusetts: same-sex couples divorce could be more difficult

David M. Gabriel & Associates

Same-sex couples in Massachusetts have expressed their excitement over being able to legally marry. While many have been fighting for this right for quite some time, what they may not have thought about was the divorce process. A recent article touched on some of the reasons why a same-sex couple could have a difficult time getting a divorce. One of the biggest obstacles couples are facing is that a limited number of states recognize same-sex marriage. Many couples have moved since marrying and are now attempting to divorce in a state that does not recognize their marriage. Although several couples have tried to fight this, most cases will require the couple to establish residency in a state that does recognize the marriage before they will be able to start the divorce proceedings. This can obviously be a time consuming process. Another issue arises if the couple has children. In many instances, the biological parent will be the one to receive legal custody which could have a substantial impact on the proceedings. One suggestion is for the non-biological parent to adopt the child which would give them rights to the child as well in most cases. Any same-sex Massachusetts couple trying to file for a divorce could benefit from researching the applicable state laws and determining the best way to move forward with necessary action. As mentioned earlier, if children are involved, a parent could benefit from taking additional steps to ensure all custody concerns are addressed. Having the proper knowledge

Many factors for Massachusetts couples considering gay marriage

David M. Gabriel & Associates

Contemplating marriage can be one of the most important and life-altering decisions that someone will ever make. Same-sex couples in Massachusetts can potentially face many areas of confusion when deciding if the time is right to get married. A recent decision made by the U.S. Supreme Court struck down part of the Defense of Marriage Act (DOMA). As a result, each individual state is able to determine some of the legal variables involved in a gay marriage. There are currently 13 states, including Massachusetts, where same sex marriage is legal. Of the 37 states which do not recognize same-sex marriage, some still offer benefits to same sex partners, while other states grant them no legal status. Tax implications vary across the country for these couples. For example, an individual living in a state that doesn’t recognize gay marriage — but was legally married in a state which does — would be required to declare his or herself as single on any state tax returns. Same-sex couples traveling abroad could face potential risks. Some countries consider any small display of public affection between same-sex partners to be a crime. The possible hurdles in the way of splitting up might be the most important consideration of all for these individuals. Currently, many same-sex couples would have to relocate to a state which recognizes the legality of their marriage — just to be able to formally divorce. The difference in the interpretation of our laws from state to state could create a lot

DOMA ruling affects divorce for same-sex couples

David M. Gabriel & Associates

Marriage is one of the most important commitments a person can make in their lifetime. Massachusetts residents who choose same-sex marriage are usually filled with optimism and hope for the future of their relationship. No couple wants to think about the possibility of divorce. Unfortunately, many relationships do end, and understanding the laws in one’s state, as well as the new rulings issued in the Defense of Marriage Act (DOMA), is important to protect one’s interests when a marriage ends in divorce. Same-sex marriage is legal in Massachusetts, and therefore, residents of our state do not have to travel to other states to marry. With the U.S. Supreme Court’s decision to strike down part of the DOMA, federal benefits are now available to same-sex couples. Additionally, these couples are recognized on a federal level as being in a legal union. What does that mean for those Massachusetts’s residents seeking divorce? Because Massachusetts recognizes same-sex marriage, those who meet residency requirements are also able to divorce in Massachusetts. Given the new DOMA rulings, divorce for some same-sex couples will now become somewhat more complicated, especially if they have relocated to another state after they got married. Since federal benefits are now available for the spouses in same-sex marriages, these benefits will have to be considered during the dissolution of a marriage. Unfortunately, not all states recognize same-sex marriage, and therefore may not recognize a same-sex divorce, or the protections of the new laws. State and federal laws affect many areas of

Federal ruling affects non-traditional couples in Massachusetts

David M. Gabriel & Associates

The state of Massachusetts has recognized the marriages of non-traditional couples as legal unions since 2004. However, the federal government’s acknowledgement of these unions is critical in regards to finances. Non-traditional couples can now have access to their spouses Social Security survivor benefits, estate tax exemptions and federal pensions. This evens the playing field for same-sex couples and heterosexual couples in regards to the financial benefits of marriage. Marriages recognized at the state level are important in regards to the ownership of property, when medical decisions need to be made and when the couple has children. Marriages recognized at the federal level bring greater financial security as well as federal health benefits to those in non-traditional marriages who have a spouse working for the federal government. The military will also be making changes due to the new federal ruling. All military spouses, — heterosexual unions, as well as same sex unions — will now be receiving the same military benefits. There are some issues which will still need to be overcome. Those same-sex couples who do not live in one of the 13 states that recognize same-sex marriages can have issues with some federal benefits due to the fact that the benefits are based on the rules of the state in which the beneficiary resides. Given this issue, it may be beneficial for non-traditional couples to reside in states which recognize their marriage as a legal union. The hope is that the current administration will be able to extend as

Non-traditional couples may face unique legal issues

David M. Gabriel & Associates

For many same-sex couples in Massachusetts, issues of marriage and divorce can become complicated. These matters can become exponentially more complex when a couple chooses to relocate to a state in which same-sex marriage is not recognized. In such cases, non-traditional couples are often confronted with legal issues that differ from those faced by heterosexual couples. This may be the case for reality television host David Tutera, whom readers may know for his role on the show ‘My Fair Wedding.’ Tutera married his husband ten years ago, but the couple relocated to a state that does not recognize same-sex marriage. They are now seeking to end their marriage, and are also facing a child custody battle. The couple is currently working with a surrogate who is carrying twins scheduled to be born in July. However, the men have been separated since Jan. 2013, and are currently seeking to end their union. Tutera’s husband is asking for full custody of the twins, and has recently gone public with accusations that Tutera has an addiction to sex. He further claims that Tutera frequently uses the services of escorts and prostitutes to conduct sexual activity. As this case moves through the legal process, the men will likely face issues that confront all non-traditional couples, including difficulties divorcing in a state that does not allow same-sex marriage. The matter of child custody may move forward in a separate proceeding, and each side will have the chance to present a legal argument as to why

Same-Sex Couples & Divorce

Non-traditional couples in Massachusetts offered USAA insurance

Massachusetts spouses: How to know when it is time to divorce

So-called pet custody case settled during gay divorce

Massachusetts: same-sex couples divorce could be more difficult

Many factors for Massachusetts couples considering gay marriage

DOMA ruling affects divorce for same-sex couples

Federal ruling affects non-traditional couples in Massachusetts

Non-traditional couples may face unique legal issues

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Same-Sex Couples & Divorce

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David M. Gabriel & Associates

Is Ready to Help You

Main Office

Salem Office

Burlington Office

Life Complicated? We Can Help

Life Complicated?We Can Help

Life Complicated?
We Can Help