How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100013
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
7286322
Type Your Family Law Question Here...
Ely is online now
A new question is answered every 9 seconds

My Same sex partner and I got married in Canada in 2006. Now

Customer Question

My Same sex partner and I got married in Canada in 2006. Now that marriage is open to everyone, I have a couple questions I hadn't thought of before.
1. Is our Canadian marriage "just as good" as one done in the US in terms of rights and legal responsibilities? Would it be prudent to get married again in our home state?
2. Will our social security benefits recognize our Canadian marriage? We are getting close to retirement, so this is becoming a concern.
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.
Hello and welcome to JustAnswer. Please note: (A) This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms; and (B) the site allows experts not participate in phone calls and I may or may not be able to participate in this feature.
1. Is our Canadian marriage "just as good" as one done in the US in terms of rights and legal responsibilities?
Yes. Since the decision by the US Supreme Court, same sex marriages are now recognized nationwide. And, a marriage abroad is generally legal in Texas provided it was legal in the jurisdiction where it was entered into provided it does not contradict US/Texas law.
Since same sex marriage is legal in Canada, and is now legal in Texas, your marriage is then legal in Texas.
Would it be prudent to get married again in our home state?
There is no need. The marriage is automatically recognized. One can simply be married in Texas via virtue of being married in Canada, and IRS/state/SSA paperwork can reflect this going forward.
2. Will our social security benefits recognize our Canadian marriage?
Yes, it should, provided the US Supreme Court ruling stays - which is should for a long while since no "on the fence" Justices are close to retiring which may swing the decision the other way in a future case.
I hope this helps and clarifies. Gentle Reminder: Use the SEND or REPLY button to keep chatting, or please rate when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces/stars and then SUBMIT, as this is how I get credit for my time with you. Rating my answer the bottom two faces/stars or failing to submit the rating does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.