Same-sex divorce presents many of the same legal and emotional challenges as any other divorce. However, certain complexities remain due to how courts handle issues unique to LGBTQ+ couples.
These challenges can impact the outcome of a divorce settlement, making it important for spouses to understand their rights.
Defining the length of the marriage
For many same-sex couples, the legal recognition of their relationship did not align with the actual length of their commitment. Since same-sex marriage was only recognized nationwide in 2015, some couples had been together for years—or even decades—before they could legally marry. Courts typically consider the duration of a marriage when dividing property and awarding spousal support, which may disadvantage long-term couples who were unable to marry earlier.
Parental rights and custody issues
Parenting rights can be particularly complicated in a same-sex divorce. If only one spouse is the biological or legally recognized parent, the other may face challenges in securing custody or visitation rights. Even if both parents have played an active role in raising the child, some courts may favor the biological parent unless legal adoption or a parentage agreement is in place.
Dividing assets and financial support
Same-sex couples may encounter difficulties when dividing assets, particularly if they had a long-term relationship before their marriage was legally recognized. Courts typically split marital property acquired during the legal marriage, but this may not fully reflect the couple’s shared financial history. Similarly, spousal support calculations may not account for the full extent of financial interdependence if a couple was together for years before legally marrying.
Legal protections and estate planning
Another challenge involves estate planning and beneficiary designations. Some same-sex couples may not have updated legal documents to reflect their marriage, leading to complications when dividing assets or determining inheritance rights after divorce. Making sure that estate plans, wills and beneficiary designations are current can prevent disputes and unintended financial consequences.
Same-sex spouses facing divorce should work with an attorney who understands the unique legal and financial issues involved. Seeking legal guidance can help ensure fair treatment and protect parental rights, financial interests and long-term stability.