QUESTION
Is my marriage recognized by the federal government and other states?
Asked on Jan 08th, 2014 on Estate Planning - Idaho
More details to this question:
Me and my husband live and own our business in the state of Idaho. Recently with the Court lifting the ban on same-sex marriage in Utah, we traveled the four hours to Salt Lake City and were married on the spot. We have since received our official documents in the mail. With the Supreme Court now granting the Stay on Judge Shelby's decision, as well as Utah saying they will not recognize those marriages performed; what does this do to us? Are we still legally married according to the Federal Government as far as filing our taxes, the business taxes, and all the other benefits our married friends get? Or did Utah in fact burn our license in spite and act as if it never existed?
2 ANSWERS
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Right now, I don't think anybody know the status. Over the next few weeks, I hope and expect that both the federal government and state government will clarify your status.
Answered on Jan 10th, 2014 at 9:57 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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I would assume that you are married because you have a valid license. However, there is a question if the Supremes uphold the Utah ban. Your better bet would be to go to California and get married there. Having said that, you still will not be able to file a joint return in Idaho for Idaho taxes, only for Federal. I am not aware of any other taxes that would be different because you are married. Also, in Idaho I do not believe that community property rules would apply to you yet, so it would still be a good idea to have property titled as joint tenants in case one of you dies. You also need to make sure your wills and powers of attorney name the other person. You should talk with a local attorney about those issues.
Answered on Jan 10th, 2014 at 9:48 AM