Same-sex marriages in Ohio have been legal since June 26, 2015. Before same-sex marriage was legal, there were no domestic partnerships. We were only able to prepare documentation that created certain agreements or contracts between the two individuals to give them some protections. Sometimes this meant a cohabitation agreement, especially if a domestic partner had property together. Then, we would put an agreement together to determine how it would be divided if there were a breakup between the parties.
The other issue was what happens custody-wise to children. Unfortunately, the non-biological parent was kind of left in the lurches sometimes because of the rules that were in existence at that point in time.
Like prenuptial agreements, it was against public policy to address custody issues in cohabitation agreements because those issues are always modifiable. Children’s needs and circumstances are always changing. They get older and they need different things as they get older. No one can determine what an appropriate remedy is going to be for something that happens in the future.
Q: Why Are Same-Sex Marriages Important?
First of all, it’s giving people a comfort of commitment. They want to go through life no differently than a heterosexual couple would want to go through life.
With the legal commitment of a binding marriage, you have more comfort, stability and rights. For example, if you are just cohabitating with someone and you don’t have the option to be in a marriage, that person could buy a piece of property or they could be earning income and building their retirement, or even own a corporation, and you won’t have any legal interest even though you may be putting in the same effort as someone who is married to that person.
Once you are married, you retain a marital interest in those items — a duel interest in the real estate and a marital interest in the retirement or income. When you get married, you become entitled to certain assets and income of your marital partner. You can also file taxes jointly and enjoy the marital opportunities that often lower your household tax.
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