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Asset division and same-sex marriages

On Behalf of Cullen Family Law Group | May 23, 2018 | Same - Sex Couples & Divorce |

Marriages, whether they are between heterosexual couples or same-sex couples, don’t always last. Unfortunately, just as same-sex couples used to face unique hurdles in order to marry, they often face unique challenges in divorce as well — particularly in the area of asset division.

If you’re part of a same-sex couple and you’re considering divorce, it’s important to understand your rights to the marital assets and how the length of your relationship may be a factor when those assets get divided.

Your legal rights

Marital assets generally include anything of value acquired after the marriage began. Marital debt includes all debts acquired after the marriage (no matter which spouse accrued the bills).

California uses the community property rule, so those assets and debts both get divided up 50/50 when you divorce.

Your relationship’s length

Many same-sex couples jumped at the chance to make their marriage legal when it became possible. Unfortunately, California has an incredibly convoluted history when it comes to same-sex marriages. Marriage was on the table and back off again for same-sex couples so fast that many who wanted to marry didn’t have a chance. Some settled for a domestic partnership, while others felt that was a betrayal of their conscience and held out for marriage.

The net effect of all the changing laws (plus the various laws in other states as same-sex marriage became legal in some places but not others) means that there are a lot of same-sex couples out there who have been unofficially “together” far longer than they’ve been legally married.

Since the date of a marriage generally determines which assets and debts are part of the marital estate (and which aren’t), the date a union is officially recognized can have a huge impact on a divorce settlement.

Your right to a fair split

To fairly divide assets and debts, the court may not be able to rely on a marriage’s legal start date especially with couples that have been together for many years.

It isn’t always easy to establish the true date of origin for a relationship, but it’s something that any same-sex couple needs to consider when filing for divorce. It’s definitely something that should be discussed early in the process so that you can approach the problem with a viable plan.

Source: FindLaw, “Same-Sex Marriage Legal Pros and Cons,” accessed May 23, 2018

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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