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November 7, 2013

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More Marriages, More Legal Work
From the Chicago Daily Law Bulletin
Same-sex marriage is an emotionally charged issue for many. But it’s also a legal one.
From tax and benefits to family law and estate planning, Tuesday’s vote by state legislators to fast-track the legalization of gay marriage could alter the Illinois legal landscape for years.
Consider the world of retirement benefits. After the U.S. Supreme Court’s decision this summer in United States v. Windsor, same-sex spouses won protection and distribution rights to their partners’ employer-sponsored health and retirement plans.
And once Illinois officially extends marriage rights to same-sex couples in June — pending a signature by Gov. Patrick J. Quinn, who has repeatedly backed the plan — they’ll get those benefits rights, as well.
“Whereas civil unions entitle couples to nothing, marriage entitles people to quite a bit, at least in my world,” said Todd A. Solomon, a partner at McDermott, Will & Emery LLP who concentrates in employee-benefits law.
Same-sex couples from Wisconsin or Indiana — states that have not legalized same-sex marriage — may flock to Illinois to get married not only on principle, but because it might make financial sense.
“It may very well be worse for people to file federal taxes as married as opposed to single,” Solomon added. “But in terms of benefits, there’s virtually no downside.”
Allowing a new crop of marriages will also, eventually, create a new pool of divorce cases.
Read more in our daily News Update...

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