Tax Implications of Supreme Court Decision Holding DOMA Unconstitutional

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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