The Shapiro Law Firm

Get help 24/7

972-833-8196

972-833-8196

  • Home
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact
  • X Close
  • Firm Overview
    • Q&A With Todd Shapiro
    • Q&A With Peter Ganyard
  • Attorneys
    • Todd Shapiro
    • Howard Shapiro
    • Peter Ganyard
  • Legal Services
    • Criminal Defense
    • Family Law
  • News & Resources
    • In The News
    • Articles
  • Testimonials
  • Video Library
  • Blog
  • Contact

Working Tenaciously To Protect Your Rights And Preserve Your Freedom

  1. Home
  2.  » 
  3. Same-Sex Partners
  4.  » 
  5. Federal benefits not available to all married same-sex couples
View Practice Areas

Federal benefits not available to all married same-sex couples

On Behalf of The Shapiro Law Firm | Jul 7, 2014 | Same-Sex Partners

There has been a great deal of change lately here in America when it comes to how the law treats same-sex couples. Several states have legalized same-sex marriages and have made other family law mechanisms that have traditionally only been available to opposite-sex couples now available to same-sex couples. Also, many same-sex couples are now able to receive federal benefits for spouses.

However, same-sex couples are still quite a ways from having complete equal legal footing as opposite-sex couples. Many states, including Texas, still have same-sex marriage bans on the books. Same-sex couples from such states can face many complications regarding family law matters. Family law attorneys can be of significant help to same-sex couples when it comes to finding ways to address such complications.

Also, while federal benefits have opened up quite a bit to same-sex couples, there are still certain married same-sex couples that find themselves shut out from such benefits.

For example, under current rules, the ability of a member of a married same-sex couple to receive Family Medical Leave Act leave rights for non-federal employees, Social Security spousal benefits and certain veteran-related spousal benefits is dependent on the laws of the state where they live. Currently, when it comes to FMLA leave rights for non-federal employees and Social Security spousal benefits, the member of a same-sex couple is generally only entitled to such benefits if the state they reside in legally recognizes their marriage (in the case of Social Security benefits, a person is also entitled to such benefits if they fall under the state’s spousal inheritance laws). For certain veteran-related spousal benefits, under current rules, the marriage of an individual in a same-sex couple has to have been legally recognized in the state they lived in when the benefits claim was made or when the marriage occurred for them to receive such benefits.

When it comes to FMLA leave rights for non-federal employees, it appears that change when it comes to this restriction is right around the corner. An announcement was recently made by the U.S. Department of Labor that it plans to extend such leave rights to all same-sex couples who have gotten married, no matter what legal stance the state they live in takes on their marriage. This planned change has to make it through the rule-making process in order to take effect.

Source: The New York Times, “A Guide to Changes in Federal Benefits for Same-Sex Couples,” Tara Siegel Bernard, July 2, 2014

Categories

  • Child Custody (75)
  • Child Support (44)
  • Convictions (8)
  • Criminal Defense (44)
  • Divorce (162)
  • Domestic Violence (75)
  • Drug Crimes (14)
  • DWI-DUI (42)
  • Evidence (2)
  • Expungement (3)
  • Family Law (21)
  • Firm News (3)
  • Fraud (2)
  • Juvenile Crimes (17)
  • Postnuptial Agreements (2)
  • Prenuptial Agreements (7)
  • Property Division (49)
  • Prostitution (1)
  • Same-Sex Partners (38)
  • Sex Crimes (3)
  • Uncategorized (3)

Archives

Recent Posts

  • 3 reasons mediation is beneficial for high net worth divorce
  • What counts as intent to distribute fentanyl in Texas?
  • How do I prove my ex is hiding assets in Texas?
  • What to do after a DWI arrest in Texas
  • Can autopilot lead to a DWI charge in Texas?
Subscribe To This Blog’s Feed
Lead Counsel Verified | LC
Avvo Rating | 10.0 | Todd Donald Shapiro | Top Attorney
'11 readers' choice awards | Best criminal attorneys in plano | 2011 Plano Star Courier Readers' Choice Awards
2012 star community newspapers | Readers choice
Rated by Super Lawyers | Todd Shapiro | Selected in 2026
Readers choice star local media 2018
Reviews | 5 stars out of 63 reviews | Todd Donald Shapiro | AVVO
D Best 2026
Findlaw | The shapiro law firm rate us
Avvo | Clients' Choice Award 2024 | Todd Donald Shapiro

We Are Here To Help

When you need assistance from an experienced attorney, contact the Shapiro Law Firm by calling 972-833-8196.
Email Us For A Response

Contact Information

The Shapiro Law Firm
701 E. 15th Street
Suite 204
Plano, TX 75074

Plano Law Office Location
Review Us
Phone: 972-833-8196
Fax: 972-423-0077

Connect With Us

  • Follow
  • Follow
  • Follow

© 2026 The Shapiro Law Firm • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw