Parent's Point of View
LGBT couples in New York State can finally be legally married. Now…what does that mean exactly?
When New York became the sixth state to legalize same sex marriage, most gay couples felt a wave of pride, a sense of relief, and general excitement that they would be able to be legally married. Not only was the legalization of gay marriage in New York a sign that our country as a whole was more willing to accept our lives and unions as legitimate, it was a symbolic step forward on the path toward a world that celebrates diversity. Yet, the practical benefits gained in the bill are still a bit confusing most gay couples. When asked by well-meaning straight friends, “So what actually changes? What do you get?” I found myself giving vague answers about taxes, property, and marriage certificates. Thankfully, there have been a host of articles (many listed below) explaining just what we can expect now that we can officially say “I do” in New York State. Here’s the breakdown of some of what has changed:Joint Tax Returns, Kind of. Now, couples who marry and live in New York will be able to file their state tax returns jointly. However, you will still need to file separate federal tax returns. You may want to file a “dummy” federal return as a married couple so that you can use the data for your joint state return. Also, filing a state return together doesn’t necessarily mean you will be saving money. Wealthier couples may end up paying more in taxes.
Inheritance. Couples who marry in New York will now be able to inherit their partner’s assets, even when there is not a will specified. Surviving spouses can also determine what they want to do with their spouse’s remains.
Estate Taxes, Kind of. Individuals with large estates will benefit because New York State allows spouses to transfer an unlimited amount of assets at their death. Everyone else must pay state estate taxes on estates that exceed $1 million. Same-sex married couples will continue to be subject to federal gift taxes and estate taxes.
State Employee Benefits. If you work for the state, your partner will be entitled to all of the same benefits (health insurance, pension survivor, etc.) that you are.
Birth Certificate Recognition (for Lesbians). If a married lesbian couple gives birth to a child in New York, the married partner will be recognized as the child’s parent even if she did not give birth to the child and has not adopted the child. Among other benefits, this will allow the nonbiological partner to put the child on her insurance and make other health decisions for the child. However, it is still recommended that the nonbiological parent adopt the child to ensure she is recognized as the child’s parent in every other state. For gay men who are biologically connected to a child via surrogate, adoption is still required for the nonbiological parent (the surrogate will have to relinquish parental rights, for one, and New York State does not legally allow surrogacy contracts, for two).
Worker’s Comp Benefits. If a spouse dies from work-related injury, their husband or wife will be entitled to worker’s compensation benefits.
Health Insurance. Before the marriage bill passed, people who had their same sex partner on their plan under domestic partner insurance had to pay income taxes on the value of their partner’s benefits. Now that marriage is legal in NY, gay married couples won’t have to pay that cost on a state level, but will still have to pay that cost on a federal level. To add to the complication, some companies may take away the domestic partner option now that marriage is legal because they believe it’s no longer necessary.