Same sex couple in a fight

Unique Issues that Can Affect a Same-Sex Divorce

By Michael DiFalco

No two divorces are exactly alike, and this is equally true for same-sex couples. But while the general divorce process is the same for everyone, unique issues can arise during a same-sex divorce. Here are six of the most common:

Division of Property

For heterosexual couples, the division of property is often straightforward. However, for same-sex couples, it can be more complicated. This is because, in some cases, only one partner legally owns the property.

The division of property can be difficult to navigate, but it’s important to remember that each situation is different. You’ll need to work with an experienced attorney to determine the best way forward.

Child Custody and Visitation

If you have children, child custody and visitation will be one of your top priorities. Unfortunately, this can also be one of the most difficult issues to resolve during a same-sex divorce. However, New York has developed a line of caselaw which ensures that more parents, including same-sex parents who were previously denied standing to pursue custody or visitation, have the right to maintain their parental relationships with their children, even if they are not related biologically or by adoption.

Alimony and Support

Alimony, or spousal support, is another potentially complicated issue in a same-sex divorce. Sometimes, one partner may be required to pay spousal support to the other. However, this will likely be decided on a case-by-case basis.

New York, on the other hand, does recognize same-sex marriage. As a result, the state has laws regarding the payment of alimony which are completely gender-neutral. If you’re divorcing in New York, you’ll need to determine whether you’re eligible for alimony payments.

Fight for Your Rights: Get an Experienced Attorney on Your Side

If you’re facing a same-sex divorce, it’s important to understand your rights. This is a complicated process, and you’ll need to work with an experienced attorney to ensure you receive the best possible outcome.

At Aiello & DiFalco, we have extensive experience helping our Garden City, NY, clients through their same-sex divorces. We are very progressive and have worked with families within the LGBTQ community for decades to make sure that all New Yorkers are well represented in their family law matters and that every family is treated with dignity, respect and fairness. We understand the unique challenges you’re facing, and we’ll work tirelessly to protect your rights and interests.

Contact us today to schedule a consultation with one of our experienced family law attorneys.

About the Author
I am a partner at Aiello & DiFalco LLP, and my priority for my clients is to guide them through an arduous court case to provide them with the opportunity to write the next chapter in their life. I tailor my approach to each client’s priorities and positions, and to the extent that matters can be predicted, I will always provide a realistic perspective of how the law could be applied to the particular facts and circumstances of a case. Since I thrive on helping people and solving problems, I bring an optimistic and positive approach to practicing in a very difficult area of law. With more than a decade of experience handling hundreds of cases, I have the ability to get results on the issues my clients view as priorities. When cases or certain issues cannot be settled, I have a solid record of success at trials, hearings, and on appeals. Feel free to contact me for a free initial consultation, I am always available to help.