Living
What is marriage, anyway?
It’s a business and contractual relationship
(Washington Blade file photo by Michael Key)
By MICHELE ZAVOS & CODY PERKINS
Marriage is generally understood in our society as an emotional and social institution, signifying and celebrating the love and devotion between two people and demonstrating a commitment to that relationship above all others. But marriage is also a business and contractual relationship that is given great deference by the laws of our country, on both the federal, state, and local levels. Once a couple is married, spouses are no longer individuals, but part of a marital unit. On the federal level, there are more than 1,000 rights and responsibilities associated with marriage. On the state and local level, there are usually more than 400 such rights and responsibilities.
The “marital unit” is treated differently in the law than the two spouses were as individuals. For example, any income coming into the “marital unit” post-marriage, belongs presumptively equally to both spouses, no matter who earned the income. So, if one spouse saves money in retirement, the other spouse is entitled to one-half of that amount if the couple divorces. States and the District of Columbia may treat marriage somewhat differently if the couple divorces. Accordingly, spouses would be wise to execute a pre-nuptial agreement prior to their marriage, in order to define the couple’s agreements as to how their property would be divided in the event of divorce.
Other impacts of the marriage contract range from taxes to immigration to estate planning to children, and more. As same-sex couples take advantage of new opportunities to marry in the United States, these consequences can be welcome but confusing reminders of just how much marriage matters in American society.
Most of the federal government now recognizes marriages between same-sex couples as long as the marriage was valid where it occurred, known as the “place of celebration” rule. Locally, Maryland, the District of Columbia and Delaware have marriage equality, while Virginia and West Virginia do not. The federal government applies the “place of residence” rule in some instances, so couples living in non- marriage equality states (non-recognition states) do not have valid marriages under that rule. However, Attorney General Eric Holder has said that the federal government will make every effort to treat all validly married same-sex couples as married for federal government purposes.
Application of tax rates are one of the biggest impacts of marriage. Married couples must file either as married filing jointly, or married filing individually. As a general rule, if couples have a significant income disparity, marriage will reduce their taxes, but if the couple is relatively equal in income, marriage will increase those taxes. Married couples have no choice – they MUST file their taxes as married. Couples that are registered as Domestic Partners in the District of Columbia must also file their D.C. taxes as “married.” Married couples are also eligible for estate tax exemptions, now both on the federal level and in their state of residence if the state has marriage equality, like Edie Windsor. Married couples in Maryland are also exempt from Maryland’s inheritance tax. Also, after Windsor, a couple may be able to amend its federal tax returns to claim certain exemptions and to reduce income that had previously been taxed when the federal government did not recognize their marriage.
For same-sex couples wishing to have children, marriage creates a legal presumption of parentage, meaning that any child born or conceived to one spouse during the marriage is presumed to be the legal child of the other spouse. This can be extremely important to ensure that a non-birth parent continues to have a legal right to custody and decision-making power over the child, even in the event of divorce, or the birth parent’s death or incapacity. However, since not all states have marriage equality, we recommend that even married couples obtain a second-parent adoption or pre- or post-birth order so that their parental rights are recognized in all states.
Employee benefits, immigration, Social Security, the military, taxes, retirement rollovers, criminal matters, and of course, even more areas are impacted by marriage. The law continues to evolve, and there are about 45 lawsuits throughout the country, including two in Virginia, attempting to establish marriage equality in those states that still do not recognize our marriages. So, even if couples are married in one state, if they move to a non-recognition state, or perhaps are even traveling through such a state, their marriages will not be considered valid if a marriage issue arises in that state.
Marriage does not hold all the answers. As with everything, there may be downsides to getting married, and individual couples must decide for themselves whether the rewards outweigh the risks. For example, if one member of a couple is receiving alimony, that alimony generally will end at remarriage. Or if one member of the couple receives income-based government benefits, marriage may then disqualify that spouse from receiving those benefits. Couples should consult with an attorney before they marry to discuss the legal risks and rewards of marriage. But, of course, there is more to marriage than all of these rights and responsibilities. And sometimes, for some couples, marriage does come down to love and commitment, and the legal aspects are just secondary.
Michele Zavos is partner, Zavos Juncker Law Group, PLLC. Cody Perkins is a law clerk at the firm. The Zavos Juncker Law Group practices in all three local jurisdictions.
Real Estate
Under-the-radar Delaware beach towns smart buyers are targeting
There are other options if Rehoboth prices are scaring you off
Look, we love Rehoboth. We will always love Rehoboth. Queer folks have been flocking there since the 1940s, and with scores of LGBTQ-owned businesses and a Pride calendar packed tighter than the boardwalk in July, “Rehomo” earned its crown fair and square.
But let’s be honest with each other: trying to buy property there right now feels a lot like trying to get a reservation at the one good restaurant in town on a Saturday in August. Everyone wants in, inventory is tighter than your swim trunks after Labor Day brunch, and the prices have officially entered “are you kidding me” territory.
So here’s a thought: What if you didn’t fight the crowd? What if, instead, you let Rehoboth keep doing its glorious, chaotic, glitter-bomb thing and you quietly built your beach life 15 minutes away for considerably less drama and considerably more square footage? Here are four towns ready for their close-up.
Lewes: The Charming Overachiever
Lewes is what happens when a beach town actually has its life together. Historic charm, walkability, proximity to Cape Henlopen State Park, less crowding, and a strong year-round community. Unlike towns that turn into ghost towns after Labor Day, Lewes maintains a real community all year long, which is more than we can say for some situationships.
And right now, the market is practically begging you to make a move. It’s one of the most desirable and stable markets in the county — built for buyers thinking long-term, not flippers, and Sussex County overall has flipped into genuine buyer’s market territory for the first time in years. Translation: you finally get to be the one with leverage.
Bethany Beach: My Personal Pick
Full disclosure: I own in Bethany. So consider this section a little biased — and also the most honest thing I’ll tell you in this whole article.
When I drive down from D.C., I’m not looking for more of D.C. I love this city, but I also love leaving it — and yes, some of the people in it too (you know who you are, and so do I). Bethany gives me that full exhale. It’s quiet in the way that actually means something: fewer crowds, slower mornings, a soundtrack that’s mostly waves instead of nightlife. It leans hard into its “quiet resort” reputation, with low property taxes and a limited geographic footprint, and it is not the least bit sorry about it.
But quiet doesn’t mean isolated. I’ve got a genuinely excellent food scene nearby, real shopping, and a string of charming neighboring beach towns — and when I do want a taste of Rehoboth’s energy, it’s a short, easy drive away. I get to choose my dose of chaos instead of living inside it.
And here’s the part that matters most for this article: the price. If you’ve looked at Rehoboth listings and quietly closed the tab in despair, I need you to hear this — you can absolutely afford a beach house. It just doesn’t have to be in Rehoboth. Bethany’s average home value sits around $848,592, which is still real money, no question — but it buys you more house, more land, and more peace than the same budget gets you closer to the boardwalk. Bethany is welcoming too, just without Rehoboth’s decades of built-in queer institutional history — and for plenty of us, that trade-off is more than worth it.
Fenwick Island: Small Town, Big Flex
Fenwick rarely gets mentioned and, frankly, it should be insulted. It’s tiny, it’s quiet, and it has beach access without the carnival energy. The market data tends to lump it in with Bethany, where single-family oceanfront homes clear $1 million while entry-level condos start in the $600s — proof that “under-the-radar” doesn’t mean “bargain bin,” it means “fewer people fighting you for it.”
South Bethany: For the Boat Gays
Some of us want sand between our toes. Others want a private dock and a boat named something deeply unserious. South Bethany’s canal communities are built for the latter — water access on both sides, fewer crowds, and a lifestyle that says, “I have a captain’s hat and I am not afraid to wear it.”
The Math Works in Your Favor Now
Here’s the part that should really get your attention: Sussex County’s median sold price has dropped to $440,000, down 3.3% year-over-year, and buyers are routinely closing around 88 cents on the dollar compared to asking price. That’s a far cry from the unhinged bidding wars of 2021 and 2022, when overpaying was basically a competitive sport. Inventory across the county sits at nearly 2,500 active listings — the most of any county in Delaware, meaning you actually get to be picky for once. Revolutionary, we know.
And no, choosing one of these towns doesn’t mean leaving your people behind. Sussex Pride serves the entire county, not just Rehoboth proper, and CAMP Rehoboth’s resources extend well beyond town limits too. You’re not exiling yourself to the suburbs of queerness — you’re just getting a bigger kitchen, a quieter porch, and a much shorter line for the bathroom.
Add in the fact that Delaware has no estate tax and some of the lowest property taxes around, savings that genuinely add up over a retirement horizon, and the case writes itself. Rehoboth will always be the beating, sequined heart of queer beach culture in Delaware. But if you’ve been telling yourself a beach house isn’t in the cards — I’m here to tell you it absolutely is. It just might be 15 minutes south, with your own quiet porch, your own salt air, and considerably more room to breathe.
Have a real estate question or Rehoboth market tip? Reach out to [email protected] for LGBTQ-friendly real estate resources in the Rehoboth area.
Justin Noble is a Realtor licensed in D.C., Maryland, and Delaware with Monument Sotheby’s International Realty. Reach him at [email protected] or 302-897-7499.
Real Estate
‘Culture eats strategy for breakfast’
Real estate agents must adapt, learn how to manage from within
“Culture Eats Strategy for Breakfast” was a phrase often repeated in many of my management courses from the University of Illinois. The concept was discussed at length – how the best laid plans can sometimes be supported or derailed by the culture of the people involved in whichever project to be implemented. Whether it be a project to implement new software, roll out a new product or service, or just reaching a sales target, the way the team involved works together can indeed affect the outcome.
Perhaps this is just another way to say, “teamwork makes the dream work!” Most teams usually have someone who is designated as a leader. The leader can try to lead through authority and control or can alternatively try to lead through influence and encouraging a more collective framework for solving problems.
Why does this matter when picking the right real estate agent or team to work with? Besides having a job as a salesperson for the brokerage, the real estate agent is contractually bound to act on their client’s behalf. The buyer broker agreement is in place so that the agent and the client can work together as a team in communications regarding offer strategy, during negotiations, implementing marketing plans, as well as selecting which renovations or upgrades to choose before selling a property. After the property goes under contract, the job isn’t “done”. There is still work to do.
At this point, the agents then turn into a project manager of sorts – coordinating communications between the lending team, the title attorneys, the other client’s agents, any governmental agencies that could be involved in down payment assistance or helping to clear a property for a sale, and often times groups like a condo board, a home inspector, or contractors when arranging repairs and estimates before a final walk through.
In short, the agent takes on somewhat of a “leadership role” in the transaction and ensures that all the ducks stay in a row until the project is complete. That agent will hopefully be very fluid and forthcoming with their information, copying the required parties on all communications and creating a “paper trail” of who said what or didn’t offer to fix A, B, or C, so that all the minutiae of the contract can be addressed and fulfilled before the settlement date. The agent often must wear many hats and quickly learn the communication styles of an entire new set of people in a short period. One person may not return calls for a week after being contacted. Another person may go on vacation at the beginning of the process and not return emails for two weeks. Another person may wish to have daily updates of the progress of the process.
In this way – an agent quickly learns in each transaction that “culture can eat strategy for breakfast.” Because the agent must adapt to a wide variety of communication styles, learn how to “manage from within”, build support for closing the project by the due date, and somehow keep all the interested parties invested, engaged, and responsive.
Who you work with matters when picking the right person to represent you in your next transaction – so, just remember that “teamwork makes the dream work!”
Joseph Hudson is a referral agent with RLAH. Reach him at 703-587-0597 or [email protected].
Dear Michael,
I’ve been dating Mark for three years, living together for two, and I’m not sure he’s for me. We get along great but I’m questioning how attracted I am to him.
I was never crazy about him physically but he was such a sweet and smart guy that I wanted to date him.
Sex was never mind-blowing and the longer we’ve been together the more this is bothering me. I wonder if I could find someone who appeals to me more, physically.
On the plus side, I like him a lot. He has good values, shares my religious faith, which is hard to find in another gay guy, is responsible and has a good work ethic. Also, I just have fun with him and he’s always interested to hear what’s on my mind. He’s an all-around decent guy.
As I’m writing this, I’m thinking that he seems great and that I’m a fool for even questioning our relationship. But all my friends are always talking about the amazing sex they are having, and then I think I’m missing out on a key part of life because my sex life is comparatively lackluster.
I don’t want to settle. But how likely am I to find another guy who is as all-around a good catch as Mark, but with more sexual chemistry?
Michael replies:
I don’t think the right approach is to wonder about your chances for of finding someone better. Anyone you find will have things you aren’t crazy about.
For example, you might find someone whom you’re wildly attracted to sexually, but they’ll bore you or annoy you, or have values you don’t respect.
I understand that you aren’t wildly sexually attracted to Mark. The truth is that it’s extremely unlikely that you would remain wildly sexually attracted to anyone for that long. People tend to get used to each other over time. Sex can remain great, but more from closeness and love than heat and sizzle.
I work with people all the time who wonder if there is someone “better” out there. And I tell them, they’re never going to get through all the possibilities before they die. Instead, how about thinking if the guy you are with is someone you’d like to go with on this journey through life?
Mark’s attributes that you mention sound wonderful to me. After more than 30 years working with folks on relationships, and being in my own 30+ year relationship, I have learned a thing or two about what creates a relationship that is satisfying and good. A decent, kind guy with admirable values is an excellent start.
The question is, can you live with your sex life not being on an orgasmically hot mind-blowing level? I hope the answer is yes, because sex with anyone you pick is not likely to stay in that sort of realm for long.
Another point to consider: I don’t think you should get too caught up in what your friends are telling you. They may be having amazing sex, but are they all having it with the same long-term partner? As I mentioned, long-term sex can be great, but the excitement tends to be replaced by caring connection over time.
I’ll generalize here for a moment: Because so many gay men have many sexual partners, the kind of sex you have with someone new, whom you’re tremendously attracted to, tends to be glorified among gay men as the gold standard of sex. But it’s not realistic for sex with a long-term partner.
This glorification is a big problem: It leaves gay men who are not having torrid sex with lots of guys feeling like there is something wrong with the sex they are having, that they are missing out on something super fantastic. Just like you are feeling.
If you want a lifetime of ongoing hot sex, I don’t think you should be looking for a relationship. If you are willing to accept sex being a not-always fantastic, but perhaps consistently loving, often good, and occasionally great part of life with a kind decent guy, then Mark might just be the right partner for you after all.
(Michael Radkowsky, Psy.D. is a licensed psychologist who works with couples and individuals in D.C., Maryland, Virginia, New York, and all PSYPACT states. He can be found at michaelradkowsky.com. All identifying information has been changed for reasons of confidentiality. Have a question? Send it to [email protected].)
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