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Complications Faced by Same-Sex Couples in Divorce

Jan 23, 2023 | Divorce

Florida made gay marriage legal in 2015. Many couples exchanged vows without thinking about what could happen in the future. If you are married to someone of the same sex and divorce is on the table, you must make sure you know about the complications and problems you might face with a divorce attorney. These complications depend on the property you own and the length of your marriage along with other factors.

Child Support

During a same-sex divorce, you need to decide what to do about your children. A good divorce lawyer can help you come to an agreement with your spouse that benefits your children. The person who has primary custody of the child or children receives support from the other parent. Even if you see your children a few times a week or keep them on the weekends, the court will still consider you the noncustodial parent. In Florida, the state can automatically garnish your wages when you have a child support order in place. You risk losing your license and jail time if you do not pay your order.

Property Division

As Florida is not a community property state, the court needs to find a way to divide any property you own with your spouse. This includes any type of physical property you jointly own such as vehicles and your home. You usually keep anything that you brought into the marriage such as a house you bought before you exchanged vows. However, the court will look at the best way to divide things equally. Your former spouse might get the home because they plan to live there with your children.

Child Custody

When you go through a same sex divorce and have children, you need to decide who will get custody of those kids. A divorce attorney in Boynton Beach might award custody to your spouse because they work fewer hours or they are a stay at home parent. Even if you are a noncustodial parent, you still get visitation with your children such as overnight weekend trips or every other holiday. Couples of the same sex may face other issues because they adopted their children.


One of the biggest complications that can pop up during a same sex divorce is alimony. Alimony is a court order that requires one spouse to pay to support the other. Working with a divorce attorney like those at Pyfrom & Reisler helps you see how much you should give or receive. Some of the factors that determine alimony include the length of the marriage, the current earnings of each person, and the future earnings potential they have. You can ask for a temporary order or request that the court let you stop paying alimony on a specific date with help from a divorce lawyer.

Same-sex couples go through the same issues that heterosexual couples face as well as some different possible complications. Never attempt to handle your divorce proceedings on your own. Call Pyfrom & Reisler to speak with a divorce attorney in Boynton Beach who can go over these complications and help you learn what to do about them.