Our Knowledgeable Family Law Attorneys Discuss Property Division in Same-Sex NY Divorces
When divorcing in New York, understanding the nuances of fair and legal property division is important, including understanding how it works for same-sex divorces. Our dedicated and skilled family law attorneys explain how property is handled within same-sex divorces to ensure a fair and equitable division. While tensions and emotions can run high during separation and divorce, our New York lawyers have helped many couples achieve a just resolution in their divorce proceedings. 
Understanding the Legal Framework in a New York Same-Sex Divorce
Navigating a same-sex divorce in New York follows similar rules and procedures as divorces involving heterosexual couples. The state’s laws regarding debt, property division, child custody, spousal support, and other aspects of divorce apply equally to same-sex couples. This means that assets acquired during the marriage are subject to equitable distribution. Additionally, considerations such as child custody and visitation rights are determined based on the best interests of the child, without regard to the sexual orientation of the parents.
History of Same-Sex Marriage in New York
Before 2011, same-sex marriage was not legally recognized in New York. However, in a landmark decision, the state passed the Marriage Equality Act in June 2011, allowing same-sex couples to legally marry. This change in legislation had significant implications for same-sex couples who, prior to that time, either felt that they couldn’t get married or were married in non-legal and/or religious ceremonies only.
Pre-2011 Marriage and Post-2011 Divorce
Some couples who were married in non-legal ceremonies went on to legally marry after the passage of the Act, only to later divorce. This put New York courts in an unusual situation in determining the fair distribution of property.
In one case, a same-sex couple had a religious wedding ceremony before 2011 but did not have a legally recognized marriage until after the passage of the Marriage Equality Act. When the couple later filed for divorce, the issue of property division became contentious.
Typically, decisions regarding the division of assets are based on the date when the marriage legally began. In this case, the appellate court ruled that the marriage was to be legally recognized from the date of their religious ceremony rather than the date of their legal, post-Act marriage. As a result, assets acquired after the date of their religious ceremony were considered marital property, making them subject to equitable distribution.
The Importance of Legal Representation in Your Divorce
If you’re seeking a same-sex divorce, it’s important to understand the history of New York court rulings in same-sex divorce proceedings to help obtain a fair and equitable division of property and assets. These divorce proceedings can be challenging and complex, especially those involving complicated issues such as pre-2011 marriages or dealing with multiple and/or significant assets. We recommend working with a knowledgeable and experienced divorce attorney who understands the history of the relevant laws and acts, so they can fight for what’s fair under the law.
While many couples attempt an amicable separation and divorce, dividing money, assets, and debts can get ugly. Working with a legal representative can help take the emotion out of your negotiations while following New York state law.
New York Divorce Lawyers and Same-Sex Divorces
An experienced New York family law attorney understands state law and how courts have typically ruled in both same-sex and heterosexual divorces. They represent your interests and will provide the following:
- Knowledge of state laws. A divorce attorney will have a broad understanding of New York divorce laws and how they apply to same-sex couples.
- Experience navigating complicated issues. Property division, debt, child custody, and spousal support can create problems in any divorce; however, a skilled divorce attorney can help navigate you through them.
- Knowledge of the process. A divorce attorney will advocate for your rights and interests throughout every phase of the divorce process for the best possible outcome.
While every divorce is different, successfully navigating the separation of property when going through a same-sex divorce in New York can be a challenge. Seek the guidance of a skilled and experienced New York divorce lawyer to ensure a fair and equitable resolution.
