The Supreme Court recently struck down the Defense of Marriage Act (“DOMA”). Tax breaks that will now be available to same sex spouse include the ability to file a joint return, the opportunity to obtain spousal health insurance for the same sex spouse; and qualification as a surviving spouse to stretch out distributions under an IRA or qualified retirement plan. There are some unanswered questions after the ruling. For example, it is unclear how a same sex couple married in a state allowing for such marriage will be treated when living in a state that does not allow same sex marriage.
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