Unique Challenges of Same-Sex Divorce in Texas

 Posted on October 30, 2024 in Divorce

While most couples who get a divorce would probably say that the process was not simple or carefree, same-sex couples in Texas face some unique challenges when they decide to end their marriages. Most of these challenges stem from the fact that same-sex marriage was only legalized in 2015, and therefore same-sex couples can only have been married for around ten years at this point.

Couples who were in committed relationships for many years before they were legally married might face some unique challenges in divorce proceedings. If you and your spouse are considering marriage, speak with an experienced Frisco, TX LGBTQ divorce lawyer to understand your options.

Property Division Complexities for Same-Sex Couples

Texas follows a community property model for the division of property in a divorce. That means that everything considered part of the marital estate - any property, assets, or debts acquired during the marriage - will be split equally between the two spouses.

However, same-sex marriage only became legal in Texas in 2015. Therefore, many couples were together for many years before they were legally permitted to marry. This raises several questions:

• Should assets that they amassed before they were married but while they were in a committed relationship be included as marital assets? 

• What happens if spouses used separate bank accounts during the marriage for joint purposes?

• If the couple has a signed cohabitation agreement, can that help clarify whether something should be defined as marital or separate property? 

Whatever the specific question is, a Texas attorney who understands the law and has experience helping other same-sex couples can be instrumental in deciding on a fair division of assets.

How Is Alimony Different for Same-Sex Divorce in Texas?

When one spouse pays the other alimony, officially known as spousal support in Texas, the specific amount is calculated based on several factors, one of which is the duration of the marriage. The number of years a couple was married affects the amount of money paid for spousal support.

Since same-sex marriage was only legalized in Texas about ten years ago, the duration of marriage is often an inaccurate reflection of the duration of the relationship. This number of years does not directly affect spousal support, but it can impact calculations in several ways:

• Duration of marriage: The court might consider the total duration of the couple’s relationship, including years they were not married, to assess matters such as financial interdependence and contributions during the entire period they were together.

• Common-law marriage: If the couple established a common-law marriage before they were formally married, meaning they mutually agreed to publicly present themselves as a married couple and cohabitate, the court might use the duration of the common-law marriage.

Schedule a Free Consultation with a Denton County, TX Same-Sex Divorce Lawyer

If you and your spouse are considering divorce, contact a knowledgeable Denton, TX same-sex divorce attorney about the unique challenges you might need to navigate. At The Law Office of Linda Risinger, we are dedicated to helping divorcing couples and their families get past hardships and move on to a new chapter in their lives.

The possible complexities of a same-sex divorce should not keep you stuck in an unhappy marriage and discourage you from pursuing what you want and need. Call us at 972-294-6533 to schedule a free consultation.