Should I marry my same-sex partner in a state where it’s legal?
This is a difficult question that we often hear. Same sex marriage is not legalor recognized in Alaska. This means that you will not get any specific benefits in Alaska that you would not get by being domestic partners. You will also not be treated as married for any federal law purpose because of the Defense of Marriage Act (DOMA). However, you may have many other reasons to marry. You would be legally married in any state that recognizes same-sex marriages from other states, a list which is expanding. In those states you would receive the legal benefits of marriage. Your marriage would also be evidence of an intent to have a committed relationship, if this came up in a future case, such as the dissolution of your domestic partnership or in a child custody action. There might be inheritance benefits, depending on where you or your property are when you die. And you may just want to be married. It would be a very good idea to talk to a lawyer before you tie the knot. Also, you may need a premarital agreement to avoid having the legal consequences of your marriage take you by surprise.