Same-Sex Divorce: Everything You Need to Know

In 2015, the U.S. Supreme Court issued a historic decision legalizing same-sex marriage (Obergefell v. Hodges, 576 U.S. 644). For many, this decision was life-changing and—from a legal perspective—meant that married couples could benefit from the same benefits of heterosexual marriage. Things like spouse's health care plans, tax exemptions, and any other protections offered to heterosexual married couples. Along with the right to marry, same-sex couples also have the right to divorce in every state. Unfortunately, divorce could be a complicated process, especially if you were together before your marriage was legal. There are some important things to keep in mind. 

What are the requirements?

The basic rules and procedures for same-sex divorce are the same as for all divorces. For instance: you must meet your state's residency requirements for how long you have lived in the state before you may file for divorce. You'll need to give a legally acceptable reason for divorce. Every state offers a type of divorce that you don't need to tell a court why your marriage is over. Some states also have fault-based divorce grounds, which means you can claim that your spouse was to blame for the end of your marriage by engaging in a certain type of misconduct, like adultery or abuse. 

What are the differences?

While many of the divorce proceedings are the same between heterosexual and same-sex marriages, there are some differences. For instance, alimony can be a difficult process to establish in a same-sex marriage if the relationship existed before same-sex marriage was legal. Alimony can be determined, or increased, by the length of a relationship. Some judges will add additional non-legally married years of a relationship to an agreement, and others will not. Some states even have what is known as “palimony” which grants support to unmarried partners. 

If you're having trouble working out a complete agreement, a mediator may be able to help.