Though divorce can be challenging for any couple, LGBTQ+ divorces can sometimes present unique legal issues that heterosexual couples may never have to address. Fortunately, New York has made significant strides in recognizing and protecting the rights of LGBTQ+ individuals and families. However, despite those protections, certain complications may still arise when a marriage comes to an end. This is especially true when couples were together long before they were legally allowed to marry, when children were born through assisted reproductive methods, or when unique questions regarding parental rights and property ownership are involved. Continue reading to learn more. Here are some of the questions you may have:

What Are the Most Common Legal Issues Unique to LGBTQ+ Divorce?

While many aspects of an LGBTQ+ divorce are identical to those involved in any other divorce, there are certain issues that tend to arise more frequently. Some of the most common legal concerns involved in LGBTQ+ divorces are as follows:

Property acquired before the legal marriage

Many LGBTQ+ couples were in committed relationships for years, and sometimes even decades, before they were legally permitted to marry. Because of this, disputes can arise regarding:

  • Homes purchased together before marriage
  • Joint bank accounts established before marriage
  • Investments accumulated during a long-term relationship
  • Business interests developed before the wedding
  • Financial contributions made by one partner for the benefit of the other
  • Shared debts that existed prior to marriage

Generally speaking, New York courts focus heavily on the legal date of marriage when determining what constitutes marital property. However, because many LGBTQ+ couples shared their lives and finances long before marriage equality became law, these situations can occasionally become more complicated.

Child custody and parental rights

For obvious reasons, child custody is often one of the most emotionally charged aspects of any divorce. In LGBTQ+ divorces, additional questions may arise concerning:

  • Legal parentage
  • Adoption records
  • Birth certificates
  • Donor agreements
  • Surrogacy arrangements
  • Parenting responsibilities
  • Legal custody rights
  • Physical custody schedules

While New York law provides substantial protections for LGBTQ+ parents, disputes can still arise if one parent never formally adopted a child or if certain legal steps were not completed when the child was born.

Assisted reproduction and surrogacy concerns

Many LGBTQ+ couples grow their families through assisted reproductive technology. As a result, divorce proceedings may involve questions regarding the following:

  • Surrogacy contracts
  • Egg or sperm donor agreements
  • Fertility treatment expenses
  • Embryo ownership disputes
  • Future reproductive rights
  • Financial obligations connected to fertility arrangements

Spousal maintenance considerations

In some cases, determining spousal maintenance can become more complicated because of the unique history of the relationship. For example:

  • One spouse may have supported the other’s education or career advancement.
  • One spouse may have stayed home to care for children.
  • Significant income disparities may have developed over time.
  • The relationship itself may have existed for many years before the parties were legally married.

Because of this, understanding the complete financial history of the relationship is often extremely important.

Recognition of out-of-state marriages and relationships

Some LGBTQ+ couples were married in another state or another country before same-sex marriage became legally recognized nationwide. This can sometimes create questions involving:

  • Jurisdiction
  • Marriage recognition
  • Property ownership
  • Prior legal agreements
  • Enforcement of foreign court orders
  • Applicable state laws

How Can Child Custody Issues Affect an LGBTQ+ Divorce?

Child custody disputes are often difficult because both parents naturally want to continue playing a significant role in their child’s life. In New York, courts determine custody matters based upon what is in the child’s best interests. While that standard applies equally to all parents, LGBTQ+ divorces may occasionally involve additional questions concerning legal parentage and parental rights. Some of the most common custody-related concerns include:

  • Determining legal parent status
  • Reviewing adoption documentation
  • Examining surrogacy agreements
  • Evaluating donor arrangements
  • Establishing decision-making authority
  • Creating parenting schedules

Why Should I Speak With a New York Divorce Attorney?

As discussed above, LGBTQ+ divorces can sometimes involve legal issues that simply do not crop up in every divorce case. Though property division, child custody, child support, and spousal maintenance are common concerns in virtually every divorce, questions involving parentage, assisted reproduction, surrogacy, and long-term pre-marital relationships can create additional challenges.

Here at Raimondo & Sundquist LLP, we have extensive experience handling family law matters on behalf of LGBTQ+ couples, and we stand ready to put that experience to work for you in your case. Contact us today for comprehensive representation. We’re here to protect your interests, every step of the way.