Gay & Lesbian Client Services

The Private Client Group has a long, solid history of addressing the legal needs of gay and lesbian individuals, whether single, in a relationship, or married.

The Massachusetts Court’s decision in the Goodridge case determined that same-sex spouses, living within the Commonwealth of Massachusetts, are entitled to the same probate, divorce, custody, and estate planning protections as other married spouses. However, since the federal Defense of Marriage Act (DOMA) defines “marriage” as a “legal union between one man and one woman,” these Massachusetts cases require a dramatically more complicated approach to federal marriage rights and protections.

The federal tax advantages and federally administered benefits and protections that are available to married couples who are of different sexes are not likewise available to same-sex married couples. These include tax benefits on death, on transfers, social security benefits, pension benefits, veterans benefits and tax treatment incident to divorce such as avoidance of transfer and gift taxes. In addition, DOMA-like laws in other states may not recognize Massachusetts marriages, resulting in unpredictable treatment from state to state.

Whether or not our clients marry or craft their own relationships, we provide counsel on the implications of sharing finances and owning assets jointly. Our attorneys are highly regarded by peers, colleagues, judges and politicians throughout the state for their abilities to prepare innovative and sound estate plans, pre-marital agreements and partnership/cohabitation contracts that protect business assets, real estate and personal assets in the event of the dissolution of the relationship or marriage by death, divorce, or other legal proceeding.

As financial issues arise, our lawyers turn complex tax planning for spouses and partners into comprehensible action plans involving the use of joint interests without joint returns. We can also help our clients obtain employee and spousal benefits that may have been denied and focus retirement planning on sheltering the clients and their loved ones from the impact of DOMA on their investments and retirement plans.

Of equal significance, we understand the unique legal considerations that arise concerning the care and custody of children in these circumstances. Whether our client is the biological parent, an adoptive parent, a de facto parent, or the person who raised a child (but whom the law might view as a “legal stranger”), we innovatively explore the limits of the law to protect our clients’ relationship with their children.

We also provide multidisciplinary expertise in divorce, custody, family law and probate law geared to the precise issues of the gay and lesbian community. We’ve mapped the legal perils and pitfalls created by DOMA, and protect our clients’ rights whenever they are challenged or abridged.

For more information, please contact:

Lisa Cukier, 617.345.3471, lcukier@burnslev.com

Peter Zupcofska, 617.345.3755, pzupcofska@burnslev.com