Posted by
TheChair on Tuesday, July 29, 2008 4:54:18 AM
The L.A. Times called attention to the trouble same-sex divorce will cause given the conflict of state and federal law.
http://www.latimes.com/news/local/la-me-gaydivorce25-2008jul25,0,515161.story Federal law only recognizes marriage between a man and a woman. Here's a sample of the trouble that can expected:
* If a judge orders a heterosexual couple to divide a pension during a divorce, federal law allows the pension to be divided without triggering early-withdrawal penalties. Divorcing gay couples must pay the penalties.
* Court-ordered alimony payments can be deducted from federal income taxes in straight divorces, but not in same-sex divorces.
* In gay divorces, when a judge orders one party to give money or other assets to a spouse, those assets may be subject to gift or income taxes.
* When real property is transferred from joint ownership to one gay spouse by a court order, capital-gains taxes are often triggered.