Frequently Asked Questions about Divorce Mediation

• Will mediation work for Civil Unions?

   

  Yes.  Civil Unions, under state law, have equivalent elements to a marriage (basically, a civil union is a marriage all but in name).  Couples dissolving a Civil Union would have the same elements to discuss as in a marriage: alimony, equitable distribution, custody and child support. 

   

  Civil Unions do have differences for dissolution because of federal law, however.  The Defense of Marriage Act passed in the 1990s defined marriage for federal purpose as being only between a man and woman.  This means that things such as the tax code will not recognize same sex couple dissolutions as divorce.  Thus, equitable distribution is considered a gift and is taxable.  Alimony would not be deductible for the giver and would still be taxable for the recipient.  Dividing up retirement accounts is problematic since Qualified Domestic Relations Orders (QDROs) are a federal program.

   

  There may also be issues regarding parenting and children if one of the partners in the civil union moves to a state that has no legal recognition of same sex unions.

   

  Please keep in mind that this is a very rapidly evolving area of the law and things change quickly.  Nevertheless, the benefits of mediation still apply.

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