Se Habla Español | Nous Parlons Français


You are here:

Special concerns for same-sex couples divorcing

When same sex marriage became legal, it was a huge win for same sex couples, but it also presented new challenges in states, such as Texas, where it was not legal before the Supreme Court ruling. It is especially challenging when couples decide to divorce.

According to Time, one of the main challenges with same sex divorce is trying to figure out how to factor in the time the couple was together before their marriage became legal. For example, if a couple was married in a state where same sex marriage was legal yet lived in Texas where that marriage was not recognized, would they now be considered married the whole time since same sex marriage is now legal?

It is a complex situation that makes dividing property and deciding what is marital property difficult. Couples who were for all intents and purposes married before it was legal lived their lives as any married couple, sharing assets and the like. However, under the law, these assets may not be considered marital property because they were obtained before the marriage became legal within the state. 

NBC News notes child custody can also get difficult. Before same sex marriage was legalized nationwide, same sex couples could not always both be named on a birth certificate or adoption papers for a child. If the couple did not get the paperwork fixed after their marriage was legalized, then this could create custody issues. This information is only intended to educate and should not be interpreted as legal advice.