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Michele Sacks Lowenstein and Elizabeth Brown, attorneys, provide information on the differences between the rules for alimony from the dissolution of a registered domestic partnership and those for a divorce. The same alimony rules apply to dissolutions as they do to divorce. The difference lies in the tax treatment. Alimony from the dissolution of a domestic partnership is not taxable to the person receiving it or to the person paying it, whereas spousal support garnered from a divorce is.

For information on how same sex couples can use a prenuptial agreement to plan for tax discrepancies, please see our video "Prenups for Partners," or, for a more detailed fact sheet, see our article "Prenuptial Agreements and Their Equivalents for Registered Domestic Partnerships."

Michele Lowenstein is a monthly columnist for the Gay San Diego, visit this link to see her latest articles.

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San Diego divorce attorneys, Michele Lowenstein and Elizabeth Brown, discuss new legislation that will change the way gay registered domestic partners and same sex married couples can dissolve their unions. Beginning in 2011, California will recognize the dissolution of gay marriages that took place after November 8, 2008. Though the state does not yet recognize gay divorce, same sex couples who married outside of California will now be allowed to file for divorce. The bill will also streamline the dissolution process for those who married during the short window of time gay marriage was legal in California. Married registered domestic partners will no longer need to file for both a dissolution of their registered partnership and a dissolution of their marriage. Instead, a single action for the dissolution of the marriage will suffice.

For information on the how prenuptial agreements can cushion the tax consequences of a dissolution for gay couples, please see our article, Prenuptial Agreements and Their Equivalent for Registered Domestic Partnerships or its video, Prenups for Partners.

Michele Lowenstein is a monthly columnist for the Gay San Diego. See her column here.

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San Diego divorce lawyers and Certified Family Law Specialist, Michele Sacks Lowenstein and Elizabeth Brown, discuss the weight of the ex-spouse's sexual preference when determining alimony in California.

The lawyers explain that, in California, divorcing because your spouse is gay does not constitute a reason to deny or modify alimony. Alimony is determined on need and an ex's sexual orientation is not factored. However, if the ex is cohabiting in a romantic relationship with a partner, the court may consider them to have a decrease in need and modify the alimony accordingly.

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San Diego divorce lawyers, Michele Lowenstein and Elizabeth Brown, discuss the similarities and differences between a dissolution of a domestic partnership and a divorce in California. They address the emotional issues experienced by both parties and the tax-related difficulties that the dissolution of partnership encounters due to the fact the federal government does not recognize nor treat a registered domestic partnership as a marriage/divorce, as well the possibility of filing of Marvin Actions by either party during dissolution.

To find out why Prenups are a necessity for registered domestic partnerships see Prenuptial Agreements in our Library & Articles section.