Federal recognition of same-sex marriage started after a Supreme Court ruling more than a decade ago changed the lives of thousands of couples across the United States. Many people who had been enjoying long-term relationships could finally share job benefits and have the same rights as heterosexual couples.
Along with the privileges of marriage comes the possibility of divorce. In some cases, divorcing same-sex couples may face challenges that usually do not arise in heterosexual divorces. Although the same laws technically apply, the circumstances can require more care to properly address.
What unusual issues can complicate same-sex divorces?
Custody challenges
Heterosexual couples often share genetic relationships with their children or adopt together during the marriage. That is not necessarily the case in same-sex marriages.
People may enter the marriage with children from prior relationships. One spouse may have previously adopted a child.
It is possible for only one spouse to have a legal or genetic connection to the couple’s children. Custody issues can then become relatively complex, especially if the spouses do not agree on how to share parental rights and responsibilities.
Unusual financial issues
The recent acknowledgment of same-sex marriage means that some couples shared their lives and finances for years before the state acknowledged their relationships. As such, they may have shared their income and commingled their property long before they could legally marry.
It can be much more difficult to appropriately evaluate the marital estate for a long-term same-sex relationship that predated the legalization of same-sex marriage. There may also be challenges when addressing alimony or spousal maintenance for the same reason.
Identifying complicating factors and trying to address them early can help facilitate a faster and less contentious same-sex divorce. Spouses often need help learning about the law and preparing for the legal process of ending a marriage.
