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Same Sex Divorce and Support

By February 16, 2023February 19th, 2023Divorce

California is one of several states in the United States that recognizes same-sex marriage, and same-sex couples have the same rights and obligations as heterosexual couples when it comes to property division during divorce.

When a same-sex couple decides to end their marriage, California law requires that all property acquired during the marriage be divided equally, regardless of who earned it or whose name is on the title. This includes all assets, such as real estate, investments, retirement accounts, and personal property, as well as any debts incurred during the marriage.

The process of dividing property in a same-sex divorce can be complex, especially when it comes to determining the value of assets that may not be easily liquidated, such as business interests or stock options. In cases where the couple owns a business together, the court may order a valuation of the business to determine its fair market value.

A Same-sex spouse in California may also be eligible for spousal support, which is financial support paid by one spouse to the other. The amount and duration of support is determined by a number factors.

Spousal support can be temporary or long-term, depending on the specific circumstances of the case.

Length of the marriage age of the parties, health history, earning capacity and standard of living during the marriage all have a direct impact on ongoing spousal support.

When it comes to property division in a same-sex divorce, it is important to have a skilled and experienced family law attorney to navigate the complex legal system. An attorney well versed in this area of law can help a same-sex spouse protect their rights and assets during the divorce process and ensure that the property division is fair and equitable.

In conclusion, same-sex couples in California are entitled to the same rights and obligations as heterosexual couples when it comes to property division during divorce. It is important for a same-sex spouse to work with an experienced family law attorney to ensure that their rights and interests are protected during the property division process.

Arlene D. Kock

Author Arlene D. Kock

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