What same-sex couples need to know about divorce

Key Takeaways

• If you've been in a long-term relationship but only recently married after marriage equality, execute a prenuptial agreement to protect assets accumulated before the legal marriage date, as courts typically only recognize assets from the official marriage date forward
• Ensure both same-sex partners have legal parental rights (biological or adoptive) established early in the relationship to protect custody rights in case of divorce, since historical custody determinations were based solely on biological/adoptive parent status
• Consider mediation instead of court proceedings for same-sex divorce—it's more cost-effective and navigates the unpredictable court system better than litigation
• Work with an attorney specifically experienced in same-sex divorce cases to receive proper advice on asset discovery and division, especially when one partner is a higher earner or has substantially more assets