New York Attorney Suggests Prenuptial Agreements for Same-Sex Couples

Jul 27, 2011 - LegalZoom News Sources
Gay marriages can include prenups

With gay marriage in New York now a reality, prenuptial agreements and other specifics that factor into marriages of all types, are being brought to light.

While the excitement of newly won legal rights for equality is leading many gay couples to the alter in a hurry, one attorney is emphasizing the importance of taking a step back to consider the state of marriage in the country today.

“Prenuptial agreements are used to, essentially, shield future spouses’ assets from the other in the event that there is a dissolution of the marriage,” James Hyer, attorney, told WCBS 880. “I think when you look at marriage, you also have to think about the exit plan. Over 50 percent of marriages end in divorce, unfortunately, in our society today. I suspect that with same sex couples, it will be the same, or who knows, even more.”

Bernard Krooks, a White Plains, New York, lawyer, told The Journal News that tax issues, end-of-life care and other marriage details could get muddled should a married gay couple move to a state where that status is still considered illegal.

Krooks said the Defense of Marriage Act prohibits the federal government from recognizing same-sex marriages on a federal level.