On June 24, 2011, New York enacted the Marriage Equality Act. The Act goes into effect on July 24, 2011. New York is now the sixth state to legalize same-sex marriage. There are a couple reasons why it is important for same same-sexed couples to seek counsel before “tying the knot.”
1. Prenuptial agreements are especially important for same-sexed couples for a myriad of reasons, including but not limited to, child custody. There is no longer a presumption that a child will be placed with the mother if there are two mothers or two fathers. So once you “pop the question,” pop the other question — “Will you sign a prenup?”
2. Although New York state now recognizes same-sex marriage, the federal government will not. Pursuant to the Clinton Administration’s Defense of Marriage Act, the federal government will not recognize same-sex marriages in states where it is legal. Same-sex couples will not be considered “married” for federal tax purposes and will not receive social security benefits. Furthermore, an immigrant will not be able to receive a Greencard by marrying a same-sexed person. It is possible that the law will change in this area.