Same-sex couples have had the legal right to marry for years. Initially, some states enacted local legislation to acknowledge same-sex marriages. Eventually, the Supreme Court of the United States of America ruled in a case that effectively made same-sex marriage legal across the country.
Rhode Island was one of the states that enacted state-level laws before the Supreme Court ruling. Still, it has only been slightly more than a decade since the state began acknowledging same-sex marriages. Same-sex divorce remains a relatively new area of law. The courts are still establishing precedents in cases that may feature unique circumstances when compared with heterosexual divorces.
How same sex-divorces are different
As is the case with heterosexual marriages, a significant portion of same-sex marriages end in divorce rather than in the death of one spouse. In general, the same basic laws apply in a same-sex divorce scenario as in a heterosexual divorce scenario.
Same-sex couples may lack certain complicating factors present in many heterosexual divorces. They may not have child custody matters to negotiate, and orders of alimony or spousal support may be less likely because both spouses may have worked throughout the relationship. However, they may face a more complicated property division process in some cases.
Couples may have committed before the marriage was legal
In heterosexual marriages, property division matters are straightforward. The marital estate consists of all assets acquired during the marriage and with income earned during the marriage. Assets accumulated before the marriage may be the separate property of either spouse that is not subject to division.
Same-sex couples who committed to each other and cohabitated prior to the state legalizing same-sex marriage may have commingled their assets and supported each other before they could legally marry. As a result, they may need to do a more in-depth financial analysis to ensure that they fairly and appropriately divide their property when they divorce.
Those preparing for a same-sex divorce may need help learning about the law and evaluating their marital estates. Recognizing the potential for complicating factors and understanding the basics of equitable distribution can help people navigate complex divorce proceedings. The duration of their relationship and other factors can influence the fairest way to divide marital property and debts.