Marriage equality became a reality for same-sex couples in the United States with the 2015 Obergefell v. Hodges decision – but the U.S. Supreme Court’s ruling did not automatically convert civil unions or domestic partnerships into marriages.
Unfortunately, same-sex couples who used alternative legal arrangements before that landmark moment have to contend with a legacy of issues due to that fact alone.
The financial and legal challenges
Essentially, if you’re in a same-sex marriage and you’re now seeking a divorce, one of the first things you need to consider is whether or not you have any other legal relationship statuses that must also be dissolved.
That’s not easy – especially since each state has its own way of regarding those legal relationships and unique rules. Unlike marriage and divorce, civil unions and domestic partnerships are not granted legal reciprocity from one state to the next.
If you had a civil union or domestic partnership prior to your marriage, you may or may not have to dissolve them in the state where they were issued. In general, because the laws in each state can be different, a same-sex couple may have to obtain legal guidance in every state involved. That can increase the financial burden of a divorce – and make the divorce more emotionally and logistically difficult for both parties.
In addition, civil unions and domestic partnerships created prior to a marriage can end up affecting a same-sex couple’s division of assets and issues of support. It may be more difficult to pinpoint the time frame that has to be used when dividing up a business, pensions and more.
If you’re in a same-sex marriage and you’re divorcing, it’s wisest to seek legal guidance as soon as possible.