How is same-sex divorce different?

Watch the Video

Read the Video Transcript

In theory, same sex divorce isn’t different. It’s the same as any straight couple. That’s been the case since 2015. As soon as same sex couples had the right to marry, they had the right to divorce. And that means they’re subject to the same divorce laws and rights as any other couple would be. And where you see, you know, some differences, you know, for the financials. So, first of all, if you’ve got a same sex couple that’s been in a committed long term relationship, you know, prior to 2015, then if you’re looking at just the property that was accumulated during the marriage, then you’re looking at a very small sliver, or potentially a small sliver of what the entire relationship was.

If you’ve had a committed long term relationship where, you know, one spouse has been the primary breadwinner, another spouse may have stayed home and been a homemaker, dedicated mom, then if she were limited to just the length of the relationship and trying to determine what an appropriate alimony award would be, then that may not capture the entirety of the relationship and what would be fair to her. If a lawyer isn’t familiar with these issues, the knee jerk reaction is, well, I’m going to treat it like any other divorce. If that’s the case and you’re not thinking critically about those type of issues, then you may not be doing your client the service that you should be doing because you may be limiting what a potential alimony award could be.

You may be limiting, you know, the type of property division that he could share in, you know, and you know, you may not be pursuing custody claims that you could pursue.

Stay in the Know

Sign up for DivorceLawyer’s newsletter and join a network that empowers those navigating divorce.

    Get Informed. Get Empowered

    Read up on essential divorce topics to learn more about the process and all its different aspects.

    Introductions, no pressure

    Connect with a Top Divorce Attorney
    in Ashburn, VA

    Go to Ashburn, VA page

    Are you in a different location? We can introduce you to the best family lawyers in your area

    Close-up of two people shaking hands over a desk with documents, symbolizing agreement and collaboration.