' 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

Do Both Spouses Have to File Bankruptcy?

For some couples, filing for bankruptcy is the best way to get out from under crippling debt. But what if...
Read More

Will Bankruptcy Ruin My Life?

Bankruptcy is a legal solution for people struggling with unmanageable debt. It can be a difficult decision to make. In...
Read More

Can Bankruptcy Take Inheritance?

Are you considering bankruptcy? Do you have concerns about your assets? Can bankruptcy take your inheritance? Here’s what you need...
Read More

Can You Go to Jail for Filing Bankruptcies?

Bankruptcy is a difficult decision. However, it can be necessary if you are struggling with debt. This is true whether...
Read More

Can You File Bankruptcy If You Don’t Have a Job?

Filing for bankruptcy is an intimidating prospect. Unemployment adds another layer of complexity to the situation. Can you file for...
Read More

Who Pays for Bankruptcies?

When a debtor files for bankruptcy, the court discharges the majority of their debt. This means that the creditors must...
Read More

Do You Have to Go to Court to File for Bankruptcy?

If you are considering filing for bankruptcy, one of the biggest questions you may have is whether or not you...
Read More

Can You Rent After Bankruptcy?

Filing for bankruptcy can be an overwhelming experience, and it’s important to understand the implications of this process before you...
Read More

Can You File Bankruptcy on Unemployment Benefits?

If you’re considering filing for bankruptcy due to financial hardship, it can be helpful to understand the various options available....
Read More

Do Bankruptcies Show Up on Background Checks?

The decision to declare bankruptcy can be difficult, and it is important to be aware of the potential consequences. One...
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