The list of rights and benefits afforded by marriage to same-sex couples is lengthy and we will be happy to discuss them with you.
Divorce Rates: Same-Sex vs. Opposite-Sex
Do you have a same-sex Marriage Issue? We can help.
Although marriage is legal for all couples, same-sex couples continue to face unique challenges when it comes to their legal and financial affairs. As a firm of attorneys with a long-standing history of working with laws impacting same-sex partnerships, we can help. We are prepared to bring our comprehensive knowledge of same-sex family law issues to help you ideally address family law issues.
If you are in an Oregon registered domestic partnership, the dissolution of your registered domestic partnership will be treated the same as a divorce of an opposite-sex couple. If you are in a same-sex relationship that's dissolving, you may have some legal rights in a dissolution of domestic partnership action.
This is a legal remedy that is available to unmarried same-sex and opposite-sex partners. We can provide you with quality and experienced representation in both of these areas. If you're a member of a same-sex couple, we cannot grant you the same level of protection or legal rights as a married couple, but we can provide you as many layers of legal protection as possible. We recommend that same-sex couples who seek estate plans have the following documents:.
Federal action could change Oregon same-sex marriage rules
To schedule an initial consultation to discuss family law issues in Beaverton, Portland, Hillsboro or nearby, call one of our same-sex marriage attorneys in Washington County at or email Aaby Family Law, PC. Please enter a valid Email address.
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Post Windsor, the U. Continuing the previous example, the Oregon employee who lawfully marries in Washington may file joint federal income tax returns but may not be entitled to FMLA leave to care for the spouse's serious health condition because the employee lives in Oregon — a state that prohibits same-sex marriage.
However, on October 16, , Michael Jordan, Chief Operating Officer and DAS Director for the State of Oregon, sent a memo to all Oregon agency directors advising them to recognize out-of-state same-sex marriages for purposes of administering Oregon state programs. This raises a question as to whether Oregon "recognizes" out-of-state same-sex marriages to the extent that FMLA coverage under the DOL's updated interpretation is triggered.
OFLA permits eligible employees to take unpaid, job-protected leave to care for spouses and same-gender domestic partners. Whether an Oregon employee lawfully wed in Washington may use OFLA leave to care for his or her same-sex spouse but not registered domestic partner is an open question.
A Brief History of Civil Rights in the United States
ERISA is a federal law that sets the minimum standards for private industry benefit plans. On September 18, , the U. In other words, a same-sex marriage should be recognized for ERISA benefits purposes if the marriage was lawfully entered into in a state where same-sex marriage is legal.
Beginning January 1, , eligible employees may use tax credits to pay for health insurance premiums on state Exchanges. Part of the tax credit eligibility formula is based on the employee's family size and annual household income. Specifically, a premium tax credit is available to an "otherwise eligible taxpayer with a same-sex spouse regardless of where the taxpayer resides, only if the taxpayer and his or her spouse file a joint return for the taxable year.
Related oregon law on same sex marriage
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