New York state has now made same-sex marriage legal,1 but the title of the new law, the Marriage Equality Act, remains aspirational. Non-recognition statutes and other factors create issues that family law practitioners must be aware of in counseling same-sex couples planning for their future…or those seeking to end their marriages. This article will address many of those issues.
Although New York courts and executive branch officials repeatedly gave effect to same-sex marriages performed in jurisdictions where they were legal before the legislature sanctioned the performance of such marriages in New York,2 the federal government and most states have enacted legislation denying recognition to same-sex marriages,3 greatly complicating the legal landscape for same-sex married couples.
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