What do you need to Know about Property Division in a Same-Sex Divorce?

guardians ad litem law firm

The increasing legalization of same-sex marriage across the United States has resulted in a surge in same-sex divorces in recent years. As with opposite-sex divorces, the property division process in a same-sex divorce can be complex. It’s important to understand the applicable laws, the differences between community and separate property, and the options available to manage and divide assets.

Understanding Community and Separate Property:

When it comes to the division of assets, the court will first determine whether the property is community or separate. Community property is any property that was acquired by either spouse during the marriage, while separate property is property acquired by either spouse before the marriage, or through inheritance or gift. Generally, community property is divided equally, while the separate property remains with the original owner. In most states, community property includes assets such as:

  • Joint bank accounts
  • Retirement accounts
  • Real estate
  • Household furnishings
  • Investments
  • Business interests
  • Life insurance

State Laws for Property Division:

It’s important to understand the applicable laws in your state, as they may differ from the national standard. In some states, any property acquired during the marriage is considered community property, while some states have laws that only consider assets acquired after the date of marriage to be community property. Consult a lawyer to ensure your assets are divided equitably according to the laws of your state.

Equalizing Contributions:

One of the most important aspects of the property division process is equalizing the contributions that each spouse made to the marriage. This includes both financial and non-financial contributions, such as one spouse providing childcare or managing the household, or both spouses contributing to the purchase of a major asset.

Prenuptial Agreements:

For same sex family law firm who have entered into a prenuptial agreement, the property division process will be more straightforward. In this case, the terms of the agreement will determine the division of assets. It’s important to ensure that the prenuptial agreement is legally binding and was entered into voluntarily.

Tax Considerations:

When dividing assets, it’s important to consider the tax implications, as this can have a major impact on the overall outcome. It’s best to consult with a tax specialist to ensure that you are making the best decisions for both parties.


If you and your spouse are unable to agree on how to divide your assets, mediation can be a helpful option. This process involves a neutral third party who will help both parties negotiate an agreement. Mediation is typically less expensive and less time-consuming than going to court.


If you’re considering a same-sex divorce, it’s important to consult a lawyer to ensure your rights are protected.

Related Post