If you are considering divorcing, you probably know that there will be several obstacles to overcome over the next few months. That is true for every couple, no matter their make-up.
However, if you and your partner are of the same sex, you need to know that you might face some extra complications concerning one particular issue.
Property division may be more complex
The issue where you may encounter additional problems is property division. Many same-sex couples were living happily together as couples long before they were able to legalize their relationships and become married couples. Up until the point that the laws of the state they were in at the time changed to allow gay marriage. In Pennsylvania, same-sex marriage has been legal since 2014, for example.
Hence, it may be harder to define whether particular assets are marital property or separate property. Things are much simpler for opposite-sex couples, or same-sex ones who got together when marrying was already a legal option for them. Anything they acquired after marrying is probably classed as marital property. Anything they acquired before that point would probably be classified as one person’s separate property. Even then some exceptions can make determining which category an asset falls into more complex for any couple.
What exactly the answer will be in your case will depend upon your specific circumstances. With appropriate legal guidance, you can navigate the challenges that lie ahead with the information and support necessary to make the divorce process as smooth as possible for all involved.
