Divorces take a toll on any family. Breaking up and separating your lives can be a stressful and emotional process. With same-sex divorces, it can be even more stressful and emotional since there are some additional things same-sex couples will need to consider if they want to get divorced. Take a look at some of the things you’ll need to know before getting divorced from your same-sex spouse.
In every divorce, properties must be divided. For couples who are on the same page and are doing an amicable divorce, dividing property can be relatively easy. However, for couples who struggle to reach an agreement about property division, a judge will make the decision. For same-sex couples who were living together and sharing their lives before same-sex marriage became legal, it could lead to an unfair property division. If your spouse bought property before your marriage was legal but while you two were in a committed relationship, it means that the property may be considered separate property belonging solely to your spouse.
Sometimes spousal support can be another issue that gets complicated in same-sex divorces. Although gay spouses may be entitled to alimony when they get divorced, it can become tricky if you and your spouse were together many years before same-sex marriage was legal. The amount of spousal support granted may be based partly on the length of the marriage. The longer the marriage, the greater the likelihood of spousal support, assuming that other criteria are met. However, what if you and your partner were together for many years before your marriage was legal? Some judges won’t count the number of years in a relationship before marriage when determining spousal support.
Additional Resources for Your Same-Sex Divorce
Alan Billian is here to help resolve same-sex divorce issues. With plenty of resources at his fingertips and over 30 years of experience handling a variety of divorce cases, he knows how to get you the best outcome. Get started today with a free, 30-minute consultation.