Same-sex marriage has been legal nationwide since 2015, but what happens when these relationships end? Divorce is never easy, regardless of spouses’ orientation. However, same-sex couples in Georgia may face unique challenges when separating.
The Supreme Court ruling that legalized same-sex marriage nationwide granted same-sex couples the same rights as opposite-sex couples. However, the path to divorce for these couples can still be complex due to various legal and historical factors.
Spousal support
In Georgia, the amount of spousal support, or alimony, depends on a couple’s length of marriage. The 2015 decision recognized same-sex marriages, but many couples had been together for years before this ruling.
Unfortunately, Georgia does not recognize these earlier years as part of the marriage duration. As a result, the recognized length of the marriage is often much shorter, potentially leading to reduced spousal support. This can be unfair to a spouse who may have expected more support.
Property division
Similar to spousal support issues, the state-recognized length of a marriage affects how courts divide property. Georgia is an equitable division state, which means that assets and debts parties acquired during a marriage are eligible for fair division between spouses.
But if the state only acknowledges the marriage as starting in 2015, assets collected in the years before may not be marital property. This can lead to an unfair division of assets for long-term couples.
Child custody
When children are involved, things can get even more complex. Non-biological parents in same-sex couples might face an uphill battle when seeking custody. This is especially true for children born before 2015, as the law considers them born “outside of marriage.”
In these cases, Georgia law often grants custody solely to the biological mother unless the other parent takes legal steps to establish parentage.
As same-sex couples weigh their options for the future, it’s essential to recognize the unique challenges they may face in the event of a divorce. By understanding these complexities, couples can better prepare for the potential obstacles ahead and work towards a more equitable and just outcome.