' Supreme Court DOMA Ruling - Law Offices of Robert M. Geller
CALL NOW!
FREE PHONE/VIRTUAL CONSULTATION

How Does the Supreme Court Ruling on DOMA Affect Same Sex Couples and Bankruptcy?

Same sex marriage is gaining legal recognition across the country. These changes have a significant impact on federal legal matters, including bankruptcies and other financial issues. Since the Supreme Court struck down part of the Defense of Marriage Act (DOMA) in the summer of 2013, the Justice Department and therefore, the federal government now to recognize all legal same sex marriages. This includes the remaining states in which same sex marriage is not recognized, but in which the federal government has jurisdiction.

For instance, if a couple living in Florida travels out of state to get married in a state where same sex marriage is legal, the federal government will recognize that marriage, despite the couple’s home state not doing so.

What Does this Mean for Bankruptcy Law?

In the example given above, the couple traveling out of state to be married can now file jointly under federal bankruptcy laws, even though their home state does not recognize them as legally married. No longer can the federal government challenge a joint bankruptcy because of a state’s laws. The couple is entitled to all of the benefits federal bankruptcy laws provide.

Many couples benefit from filing for joint bankruptcy that would not be the case when filing individually. Filing jointly means your combined property and debts are all part of the bankruptcy. Whether or not this is beneficial for a couple to file jointly depends on what type of debt they are trying to eliminate, what, if any, property they own, whether or not either spouse would need to file separately, and the status of each spouse’s credit report. Keep in mind this only applies to same sex couples who are legally married.

Whether or not joint filing will be beneficial varies from couple to couple. An experienced bankruptcy attorney can help spouses of all genders determine whether or not it would be more beneficial to file jointly or separately.

Opponents of the change have expressed concern the new guidelines undermine state laws. The changes have a significant impact on the way in which people can interact with the federal government and in addition to bankruptcy filing, will also affect survivor benefits, living wills, courtroom testimony, and countless other issues related to federal government and private citizens.

If you are struggling with finances and considering bankruptcy, contact the Law Offices of Robert M. Geller at 813-254-5696. We’ll help you sort through your financial issues and determine how changes in federal law affect your specific situation.

Archive

Video Testimonials

Tampa Bankruptcy Law Blog

Can a Bankruptcy Discharge Be Revoked?

Filing for bankruptcy is a difficult decision that can have a significant impact on your finances and future. Fortunately, bankruptcy...
Read More

How is Marital Debt Divided?

Filing for bankruptcy is a complex process and becomes even more complicated when marital debt is involved. Marital debt refers...
Read More

What is Skip Tracing in Debt Collection?

When you lend money to someone whether it is for personal or business reasons, it’s especially difficult when they don’t...
Read More

What Happens at the End of a Chapter 13 Bankruptcy?

Dealing with bankruptcy is never easy. However, if you find yourself in a situation where you need to file for...
Read More

Can My Wages Be Garnished for My Spouse’s Debt?

Marriage is a partnership that often extends to financial issues, including debt. Unfortunately, not all spouses see eye to eye...
Read More

What Happens When You Get a Court Summons for Debt?

Getting a court summons for debt can be an overwhelming and frightening experience, but it doesn't have to be. Despite...
Read More

Can a Debt Collector Serve You Papers at Work?

Debt can feel overwhelming and stressful, especially if you have creditors calling you at work. Many people wonder whether this...
Read More

What to Do If a Debt Collector Threatens You?

Dealing with debt collectors is stressful and challenging. Even under the best of circumstances, contact from a debt collector is...
Read More

What You Need to Know about Updates to Student Loan Bankruptcy Discharge Laws

Are you struggling to make ends meet because of hefty student loan debt? The good news is that you may...
Read More

What is Considered Harassment from a Debt Collector?

Being in debt is never easy, but it’s especially devastating when you're being harassed by debt collectors. Of course, debt...
Read More

Bankruptcy

For The Next 5 Days GET A FREE BOOK About Bankruptcy

Learn More

Infographics

We are A Debt Relief Agency.
We help people file for bankruptcy under the Bankruptcy Code

Pay Online Bankruptcy Courses Newsletter Subscription

Call For A Free Initial Consultation

813.254.5696

Tampa Office

Law Offices of Robert M. Geller, P.A.
807 West Azeele Street
Tampa, FL 33606
T: (813) 254-5696
T: (800) 853-7549
F: (813) 253-3405

Map And Directions

St. Petersburg Office

Law Offices of Robert M. Geller, P.A.
125 5th Street South
(Wells Fargo Financial Center)
2nd Floor, Suite G
St. Petersburg, FL 33701
T: (727) 532-3939

Map And Directions

Pasco Office

23526 State Road 54
Lutz, FL 33559
T: (813) 336-2320

Map And Directions