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Potential issues in LGBTQ divorces

On Behalf of | Jun 11, 2024 | Divorce

Divorce is a complex and often challenging process for any couple, but LGBTQ couples may face unique legal and social hurdles. Understanding these potential issues is crucial for ensuring fair and equitable resolutions.

Some of the most common issues that may arise in LGBTQ divorces are explained here.

Division of assets and property

The division of assets in an LGBTQ divorce can be complicated by the fact that many couples may have been together long before their marriage was legally recognized. This can create disputes over the division of property and financial assets acquired before the marriage.

Courts may not always account for the entire relationship duration, potentially leading to inequitable settlements. Additionally, determining what constitutes marital property versus individual property can become contentious without a clear legal framework.

Child custody and parental rights

Child custody is a particularly sensitive area in LGBTQ divorces. Legal parentage can be complex, especially in cases involving adoption, surrogacy or assisted reproductive technologies.

One parent may not have legal parental rights if they did not formally adopt the child, even if they were actively involved in parenting. This can lead to disputes over custody and visitation rights, often putting the best interests of the child at risk.

Spousal support and alimony

Determining spousal support in LGBTQ divorces can be problematic due to the same issues that affect the division of assets. The duration of the relationship and contributions of each partner may not be fully recognized by the courts, leading to unfair alimony arrangements.

Additionally, there may be a lack of legal precedents and guidelines specifically addressing spousal support in LGBTQ divorces, resulting in inconsistent rulings.

LGBTQ divorces present unique challenges that require careful consideration and sensitivity. Addressing these issues may require assistance.