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Terminating Same-Sex Partnerships

By Laurence J. Cutler and Julie R. Katz

Ending a romantic relationship is always difficult and presents various practical issues, some of which may include support, distribution of assets and custody. The issues that heterosexual couples face when ending a relationship are even more complicated for same-sex couples. The extent of these problems varies by state, depending on each state's recognition of same-sex relationships.

There are three tiers of legally recognized same-sex relationships: Domestic Partnerships, Civil Unions and Marriage. The rights and protections afforded by each of these tiers vary by state, and not all states recognize each of the three tiers. Generally, Domestic Partnerships afford couples the least benefits and protections, and are not recognized by other states that do not permit these partnerships. Civil Unions afford couples nearly all of the same state benefits and protections as married, heterosexual couples, but do not provide for the same Federal benefits or protections. Like Domestic Partnerships, Civil Unions are generally not recognized by other states that do not permit Civil Unions. Same-sex marriage provides couples with the most benefits and automatically conveys couples the same Federal rights and protections as heterosexual marriages.

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