Same-Sex Divorce Settlements Are More Common Than You Think

Back when gay marriage was being vehemently argued by both sides, a famous modern-day philosopher said; “Be careful what you wish for.” You see, in his academic circles, a group of his intellectual friends had recently gone through divorces. Each man had complained he’d been taken to the cleaners due to divorce settlements, spousal support, and child support. On average they figured they’d all lost about half or more of their wealth and had incurred court-mandated payments that could equal another quarter of what was left. 

They reasoned that if gay couples were to get married, they’d also have to deal with the financial devastation that can come with a divorce. Previously, the divorce courts had tilted the scales against men, but what if there are two men in the marriage, which ones will the court tilt against? What if it is a marriage of two women, which one will the courts tilt for? Are you beginning to see why this isn’t as easy as it once was to predict?

Marriage is marriage, and a divorce is a divorce. You’d think it would, therefore, be a cut and dry issue. It’s not. In fact, same-sex divorce law is constantly changing. New case law is showing up every month. Not all lawyers or attorney firms are up on all this, few specialize, but if you are in a same-sex marriage and ready to end it, you better think wisely when choosing which firm represents you. 

Attorneys who handle same sex divorce cases that don’t know what they are doing will have their heads handed to them, along with the heads of their clients. Don’t be naïve to think that all divorce lawyers are the same. They are not. If you choose wrong, you could easily be taken to the cleaners and financially ruined.

If it is an amicable divorce now, that’s great, but things tend to change when money issues arise, also when there are children involved. Beware if you think everything will go smoothly, it rarely does, and same sex divorces are no exception. Additionally, courts in different states and jurisdictions seem to have vastly different views on same sex divorce cases. We shouldn’t blame the courts, remember this is all new to them.

You’d think it wouldn’t matter, just treat it like a heterosexual divorce, right? In the future, it will be, right now, the cases tend to meander from what you’d consider the norm.