On the anniversary of Obergefell v. Hodges, Understanding the Unique Challenges of LGBTQ Divorce: Financial and Legal Perspectives

Just nine years ago, on June 26th, 2015,   when same-sex marriage became legal across the United States because of a single vote majority in the Obergefell v. Hodges, it was a giant leap forward for civil rights. But as much as we celebrated—and still celebrate—this victory, it didn't magically solve all the challenges faced by the LGBTQ+ community, especially when it comes to divorce. Just like marriage, divorce comes with its own set of complexities that many didn't foresee.

Each state has its own laws about divorce, which can really complicate things. For instance, some states count the years couples lived together before their marriage was legally recognized, affecting how things like property and assets are divided if they split up. But not all states do this, leading to inconsistencies that can leave some partners unexpectedly vulnerable, especially when it comes to long-term financial security and rights to shared property.

One of the thorniest issues arises with the division of assets. Many LGBTQ+ couples built substantial parts of their lives together before they could legally marry. This means that while a couple might have been together for decades, legally, their marriage might only be recognized for a few years. Such discrepancies can severely skew financial settlements in a divorce, including benefits like Social Security, which depend on the length of the marriage recognized by law.

Then, there are the custody battles. For LGBTQ+ families, these can get particularly complex, especially for non-biological parents. The legal system’s slow adaptation to the changes in family structure often fails to protect the rights of non-biological parents, leading to painful and divisive custody disputes that can leave families torn apart.

Despite some positive changes—like improved inheritance rights for LGBTQ+ couples—the mismatch between evolving social attitudes and outdated legal frameworks often means that individuals going through a divorce face a maze of legal challenges. This can make an already stressful situation even more daunting and emotionally draining.

What’s more, applying traditional, heteronormative divorce laws to LGBTQ+ divorces often misses the mark, failing to accommodate the unique circumstances of these families. This lack of fit can make those going through a divorce feel misunderstood and marginalized by the legal system that's supposed to protect them.

That's why it's crucial for anyone in the LGBTQ+ community facing a divorce to seek out lawyers who specialize in LGBTQ+ issues. These professionals do more than navigate legal jargon; they understand the specific challenges and can ensure that both parties achieve the fairest and most equitable outcomes.

So, while the legalization of same-sex marriage was a landmark victory, the road to equality doesn't end there. The nuances of LGBTQ+ divorce remind us all  that there's still much work to be done, both in the courts and in society, to ensure true equality.

And remember, just as the LGBTQ community and families fought for the right to marry, we must ensure that the process of divorce is handled with the same respect and fairness, because at the end of the day, it's not just about laws and regulations; it's about people's lives and their right to fair treatment.

Remember, divorce doesn’t  destroy people—it's the WAY we divorce that destroys people."