For Gay Couples, Divorce Equality is Also a Trial

July 8, 2013 – In The News

Julia Swain was quoted in the Reuters article "For Gay Couples, Divorce Equality is Also a Trial." While the full text can be found in the July 8, 2013, issue of Reuters, a synopsis is noted below.

The Supreme Court struck down the Defense of Marriage Act (DOMA) clearing the way for same-sex marriages to be recognized by the federal government, but now many are calling for divorce equality also.

Couples who were married in a state allowing same-sex marriage, but reside in a state that does not, could run into trouble if the relationship ends, as they must reside in a state where same-sex marriage is legal in order to obtain a divorce, escalating the already high cost of a divorce.

While many now say it is time for divorce equality, a pre- or post-nuptial agreement could be the best alternative at the moment in states allowing same-sex marriage, but may not help in ones that do not.

“It may not be enforceable, but it’s advisable,” says Julia Swain, who recommends the agreement be created under the laws of the state the couple resides in.