Same-sex marriage has been legally recognized in Florida since January 2015 and same sex divorces are on the rise. While same sex divorces entail many of the same issues as any other divorce (division of assets, alimony, child support) there are some unique considerations that frequently come to surface for same sex couples.
For many couples, the legal date of their marriage does not accurately reflect how long the relationship lasted because same sex marriages have only been recognized nationally since 2015. Traditionally, the length of a marriage is taken into consideration when determining whether alimony is appropriate. For same sex couples in Florida, four years of marriage may not seem long enough to warrant an award of alimony, but skilled family lawyers can present evidence that a relationship has lasted much longer than four years to improve your chances of an alimony award.
Similar complications arise with respect to parental rights. In many cases, a child has been adopted or born to one of the parties in a same sex marriage, yet both partners have contributed to the child’s upbringing physically, financially, and emotionally.
Whether alimony or child support is at issue, same sex couples should consult an experienced attorney to ensure the unique considerations of same sex marriages do not stand in the way of their rights.
