New York Same-Sex Divorce

Understanding Gay & Lesbian Divorce in New York City

On July 24th, 2011, New York became the sixth state in the nation to allow same-sex marriage with the passing of the Marriage Equality Act. New York State, and now the rest of the United States, acknowledges same-sex marriage as a legitimate legal union and provides gay and lesbian couples with the same rights as heterosexual married couples. With the development of gay marriage came another legal issue, though: same-sex divorce and separation.

Same-sex couples facing divorce will need to address common divorce issues, such as:

• Child custody
• Child support
• Property division
• Spousal support
• Debt division

Property Rights, Financial Rights & Custodial Rights

Same-sex couples face the same divorce challenges as heterosexual couples, but the legalities surrounding these issues can be significantly more complicated. Child custody, spousal maintenance, property division, and other divorce-related problems may become very complex during the same-sex divorce process. For this reason, it is highly recommended that you choose an attorney with experience – like the ones you will find at Eiges & Orgel, PLLC.

How Eiges & Orgel, PLLC Can Assist You in Your Divorce

Child Custody - About 25% of gay and lesbian couples across the nation raise children. Same-sex child custody is governed by the same laws that govern traditional child custody. If the child was adopted or born into the marriage through in-vitro fertilization, the state will probably recognize both spouses as legal parents. If the child was brought into the marriage by one spouse from a previous relationship, though, child custody could become very difficult.

Property Division – Although New York law governs same-sex marriage and divorce, these laws do not oversee all facets of property and asset division. Common problems include: dividing pensions, dividing 401(k)s, and dealing with federal tax complications. For example, heterosexual couples may divide a retirement account or pension without prompting early withdrawal fees or taxes. Gay & lesbian couples do not have this privilege. Similarly, heterosexual couples can avoid capital gains taxes when they exchange property; same-sex couples cannot avoid these expenses.

Spousal Support – Just like straight couples, gay & lesbian couples may establish spousal support payments when they terminate their marriages. However, alimony can be financially detrimental because it is not tax deductible, according to federal law. Like property division, alimony payments will be perceived as a gift or capital gain by the federal government, making support payments subject to federal taxes. A legal representative can help you avoid financial pitfalls.