Divorce - Divorce of Same-sex Married Couples (United States)

Divorce of Same-sex Married Couples (United States)

Although marriage had been defined as a legal union between one man and one woman, over the past decades, several states began to consider adopting or have adopted legislation which legalizes same-sex marriage. States which have done so include New York and Massachusetts.

Once legally married, same-sex couples are entitled to the same degree of financial security as their heterosexual counterparts including, but not limited to the right to receive their spouse’s death benefits, health insurance, life insurance and other protections. For same-sex couples, divorce law is in its infancy and is less than clear on how such unions may be legally dissolved. For example, if a same-sex couple is married in a state that recognizes gay marriage but returns to reside in a state that does not, they might find themselves in a situation where their own state, in failing to recognize their union will also fail to enable them to divorce. In addition, splitting up the couples financial resources may prove to be legally difficult and well as determining which spouse is entitled to the custody of their children.