Divorce Attorney -- Same-Sex Marriage in Louisiana?

One extremely hot-button issue in American society and politics today and for a divorce attorney is that of same-sex marriage. Most of us who watch the news or read the newspaper regularly have probably encountered this issue at least once. The divisiveness of same sex marriage is so extreme that some politicians have called for a federal amendment on the issue. Currently however, the right of gay or same sex couples to be married is not one that is dealt with on the federal level, but rather, the state level.

As of 2012, there are only a handful of states which recognize same sex marriage: Iowa, Washington DC, Massachusetts, New York, Connecticut, New Hampshire, and Vermont. Here in Louisiana, same sex marriage is not recognized, and this lack of recognition is specifically provided for in the Louisiana Civil Code. Civil Code Article 89 states that "persons of the same sex may not contract marriage with each other." This means that there is no need for such couples to hire a divorce attorney to end their marriage formed in a state that recognizes them.

Whether you agree or not with Louisiana's law, it is interesting to note that this inability of gay or same sex couples to marry prevents them from sharing in the rights and responsibilities attendant to marriage. For example, in Louisiana we have a community property regime framework which a divorce attorney generally defines as what property is shared equally between the spouses. Generally, if you are married in Louisiana, things that you earn over the course of your marriage by virtue of your skill or industry are shared equally between you and your spouse. Because gay people cannot marry, this idea goes out the window.

For example, there might be a same sex couple who has been together for thirty years. Let's say that one of them dies without leaving a will. Now, if they were legally married, then the surviving party to the marriage would automatically be entitled to half of the community property. In this example however, despite the longevity of the relationship, the surviving party would be entitled to exactly zero. (From the perspective of a divorce attorney, however, it would be likely that the rules of co-ownership would still apply.)

Another interesting and arguably "legal" recognition of same sex relationships can be found in a very different area of the Louisiana law: spousal support. Spousal support (which a divorce attorney in other jurisdictions may refer to as "alimony") is generally the money which one spouse may be required to pay to the other spouse. There are several different reasons or situations in which final spousal support award will be terminated. Some of these reasons are outlined mainly in Louisiana Code article 115. Article 115 says that spousal support will be terminated if 1) the spouse receiving the spousal support remarries, 2) either of the spouses dies or 3) a judicial determination that the spouse receiving the support has cohabitated with another person of either sex in the manner of married persons.

"Cohabitated" is a funny word which simply means living together under the same roof. When we say "in the manner of married persons" we are probably talking about a relationship in which the two people share many of the same things which married people do, such as financial responsibility or intimacy.

In this way, there may be some recognition by Louisiana to give same sex marriage some legal significance, albeit probably not the type which some people would like it to.

Will Beaumont practices family law in New Orleans and Metairie, LA. This article is purely informational; it is not designed to be taken as legal advice.