Statutory Protections In Estate Planning Now Available To Surviving Spouses Of Same-Sex Marriages
Now that the institution of marriage has been sanctioned for same-sex couples, estate planning options and benefits that have not been available before can now be utilized to protect and provide for spouses in same-sex marriages.
Surviving spouses have always been provided certain statutory rights to a deceased spouse’s estate so that they are not completely disinherited. A surviving spouse is entitled to a “family allowance,” usually the first $40,000 of the deceased spouse’s estate. The surviving spouse is also entitled to the first two automobiles of the deceased spouse, unless specifically bequeathed to someone else. The surviving spouse may live in the marital residence rent-free for one year. The surviving spouse has the option to purchase the marital residence. The surviving spouse can elect to take against the will. These are just some of the statutory protections now available to surviving spouses of same-sex marriages.
Although Ohio no longer has an estate tax, the federal estate (or inheritance) tax exists. Surviving spouses have always been able to utilize the federal estate tax credit … Read More... “Estate Planning Tips for Same-Sex Couples”
A recent study published by The Review of Economics and Statistics concludes that combat assignments increase the probability of intimate partner domestic violence and child abuse by active-duty military members. Resul Cesur of the University of Connecticut Finance Department and Joseph J. Sabia of San Diego State University Department of Economics, claim to have produced the first study to consider the effect of war service on domestic violence. While they admit that several studies exist which explore the effect of war and Post-Traumatic Stress Disorder on violent crime in general, they assert that none exist which focus specifically domestic violence. To access the complete study click 
As a general rule, the payment of child support and visitation are two completely, separate issues in the eyes of the Court. Visitation rights are granted where it is in the “best interest of the child” to have such in place. They are not dependent upon the amount or payment of child support. Likewise, child support is determined according to the Child Support Guidelines and has very little to do with visitation. As a result, paying child support does not entitle a parent to visitation. And, if a parent has court-ordered visitation, it cannot be withheld because they have failed to pay their child support. However, in a recent case out of New York, the Appeals Court there held that support payments should have been suspended where the child was not required to abide by the ordered visitation schedule.
Vikki Stark, a divorce recovery specialist and a family therapist for over thirty (30) years, published this book in 2015. Her stated purpose in writing the book was to make the “telling” to the children of the news that a family was going to be separating as non-traumatic as possible. To research this subject area, the author conducted over one hundred (100) interviews with children and with adults who were children when their parents separated and divorced. She also interviewed parents who had already done the “telling” to their children to learn about their positive and negative experiences in doing so. Finally, she read and researched many articles written by other professionals in the same field.
On September 5th, we posted a blog article about the necessity to be clear and precise in your divorce or dissolution documents if you chose to include a college expense provision. Truthfully, since my two sons have already graduated from college, I have not paid close attention to these escalating costs.
No doubt, in the last few weeks or so, you’ve encountered the name Kim Davis in conversation around the water cooler or dinner table. It is also of little doubt that you’ve confronted staunch opinions regarding the Kentucky clerk of court who refused to issue marriage licenses to same-sex couples.