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Mark Abzug

How can same-sex divorces differ?

On Behalf of | Jul 28, 2022 | Divorce

Recently, there has been a renewed interest in same-sex marriage and its counterpart, divorce. And, while marriage equality has existed for many years now, same-sex and opposite-sex couples may have different Coral Springs, Florida, divorce experiences.

Social roadblocks

For opposite-sex couples, for decades, the social stigma associated with divorce has, for the most part, gone away. For opposite-sex couples, divorce is a second chance, finding your bliss, etc. However, for some in the LGBTQIA+community, the divorce social stigma is, very much, still present. This is because, for the vast majority of our country’s history, same-sex marriage has not been legal. This means that some in the Coral Springs, Florida, community feel like a divorce is a betrayal of that struggle.

And, unlike opposite-sex couples who see divorce positivity throughout the media landscape, same-sex couples do not have the same positive reinforcement for their divorce. This can be an emotional and social roadblock to divorce that opposite-sex couples do not have to face.


Same-sex marriages are often the culmination of decades of a relationship because that marriage was only recently allowed. This means that, for those who have been together for decades prior to the marriage, their property division process will be very different from the typical opposite-sex divorce. After all, since opposite-sex divorce has been commonplace for the entirety of our country’s existence, couples rarely wait decades.

This matters because, in the property division process, the property is divided into marital property, which is divided; and nonmarital property, which is kept by the property’s named owner. If you have been with your partner for decades prior to marriage, this may mean that joint property in the name of your spouse may pass to them, solely.


These same differences extend to child custody as well. This is because the laws behind child custody were designed for opposite-sex couples, focusing on biology. This can complicate same-sex divorces with children.

This is why experts agree that all same-sex couples should have some form of Coral Springs, Florida, postnuptial or prenuptial agreement to outline the understanding of both parties, including property, children, etc. Do not wait for a same-sex divorce to work through these issues.