Understanding Same-Sex Divorce Laws in Florida: What You Need to Know
The landmark 2015 Supreme Court decision in Obergefell v. Hodges legalized same-sex marriage nationwide, allowing millions of couples the legal right to marry across the United States, including here in Florida. However, along with marriage rights came the reality of divorce—a complex process under any circumstance, but one with unique challenges for same-sex couples in Florida. From asset division to child custody, there are areas in same-sex divorce cases that may differ significantly from opposite-sex divorce proceedings, primarily due to the relative newness of legal same-sex marriage.
If you’re considering divorce and need guidance, this blog covers what you need to know about same-sex divorce in Florida, including considerations for equitable asset distribution, child custody, and other rights and challenges. For personalized guidance through the Florida divorce process, contact Fournier Law, your trusted family and marital law professionals.
Same-Sex Divorce Laws: An Overview
How the Law Defines Same-Sex Divorce in Florida
Same-sex divorce in Florida is legally recognized under the same family law statutes that govern opposite-sex divorce. This means that all same-sex couples in Florida must meet the same residency and legal grounds requirements. To file for divorce in Florida, one of the spouses must have lived in the state for at least six months, and there must be legally valid grounds for the dissolution of marriage, with “irretrievable breakdown” being the most common.
However, while the legal framework is the same, certain aspects of the divorce process can pose unique challenges for same-sex couples, particularly regarding property division and child custody.
Equitable Distribution of Assets
Property Division Complications for Same-Sex Couples
Florida operates under an “equitable distribution” model for asset division, meaning assets acquired during the marriage are divided in a way the court deems fair but not necessarily equal. However, with same-sex marriages only legally recognized starting in 2015, many same-sex couples who married after years (or decades) together may face challenges in dividing assets accumulated before marriage but during their partnership. Courts may need to decide on the division of such assets with no clear guidelines, sometimes resulting in case-by-case judgments.
Key Considerations for Same-Sex Couples
- Premarital Cohabitation: For couples who acquired assets before the 2015 marriage ruling, proving shared ownership of property or finances may require more documentation and legal support.
- Commingling of Assets: If property or funds were combined before marriage, they could be treated as marital assets subject to division. Legal guidance from Fournier Law can help clarify how courts may treat assets with a mixed history.
Helpful Resource: Find out more about equitable distribution in Florida divorce law.
Child Custody and Parenting Plans
Legal Parentage Issues in Same-Sex Divorce
Child custody is often the most emotionally charged aspect of divorce, and this can be even more complex in same-sex marriages, particularly when biological parentage differs. In Florida, both parents generally have rights to shared parental responsibility unless a court determines otherwise. However, in situations where only one parent has biological or legal ties to the child, establishing rights for the non-biological parent may require additional steps.
Key Custody Considerations
- Biological vs. Legal Parentage: For same-sex couples, legal parentage is sometimes complicated. For example, if one parent has no biological link to the child, they may still need to demonstrate a strong, continuous parental relationship to secure custody or visitation rights.
- Adoption: In Florida, adoption offers an avenue for both parents to secure equal parental rights, regardless of biological ties. If you’re a non-biological parent concerned about custody rights, consulting a family lawyer can provide options for solidifying your legal standing.
Alimony and Support Considerations
Determining Alimony in Same-Sex Divorces
The court may grant alimony to a spouse if it’s necessary and reasonable under Florida law. However, determining the length of the marriage—which influences alimony eligibility—can be complex in same-sex cases. Many couples were together long before their marriages were legally recognized, creating a discrepancy between the length of their relationship and the recognized duration of the marriage.
Key Alimony Considerations
- Marriage Duration: Courts consider the duration of the marriage when determining alimony amounts, often classifying marriages as short-term, moderate-term, or long-term. This classification impacts the type and length of alimony awarded.
- Factors Impacting Alimony: The court considers various factors, including each spouse’s financial resources, earning capacities, contributions to the marriage, and any shared liabilities. At Fournier Law, our attorneys can help argue for fair alimony terms by presenting the court with a comprehensive view of your contributions and needs.
Additional Challenges in Same-Sex Divorce Cases
Retroactive Claims and Legal Precedents
Because same-sex marriage was only recently recognized, fewer legal precedents exist in some areas of same-sex divorce. Unique challenges may arise with issues like retroactive claims to shared assets or potential for claims of support. This lack of precedents means many cases require skilled representation to ensure fair treatment and protection of each partner’s rights.
Key Legal Issues
- Retroactive Support Claims: While more challenging, same-sex spouses can, in some cases, claim retroactive support for shared costs incurred before legal marriage.
- Pension and Retirement Accounts: When it comes to dividing retirement benefits, pensions, or other long-term financial assets, working with an experienced attorney can help advocate for fair division based on the length and contributions of your partnership.
Conclusion
Navigating a same-sex divorce in Florida can present unique and complex challenges, from property division to child custody and alimony considerations. Fournier Law understands these complexities and is committed to providing compassionate, tailored representation for same-sex couples. We’re here to ensure your rights are protected and that you receive fair treatment throughout the divorce process.
If you’re facing a same-sex divorce or have questions about your legal rights, Fournier Law is here to help. Our skilled team is experienced in all aspects of Florida divorce law and can guide you through the unique considerations in your case. Contact us today to schedule a consultation and take the first step toward a secure and fair future.
