Brandon Same-Sex Marriage & Divorce Attorney

The legalization of same-sex marriage marked a major milestone in the fight for equality. For decades, the issue was surrounded by controversy, with each state enforcing its own laws. In 2014, the ban on same-sex marriage was declared unconstitutional, and as of January 6, 2015, Florida officially recognizes same-sex marriage.

With that recognition came equal rights—and responsibilities—including the right to divorce.

Divorce Requirements

Same-sex couples must follow the same divorce laws as heterosexual couples in Florida. To file for divorce, the following conditions must be met:

• At least one spouse must have lived in Florida for six months or longer before filing.

• The divorce petition must be filed in the county where one or both spouses currently reside.

• There must be legal grounds for divorce.

Florida only recognizes two legal grounds for divorce:

1. Mental incapacity of a spouse

2. Irreconcilable differences

Property Division

Property division is one of the most significant issues in any divorce. Marital assets may include:

• Real estate or the marital home

• Vehicles

• Bank accounts and savings

• Investments and other property

If a prenuptial agreement exists, the court will review it first to determine how assets should be divided.

It’s important to note that not all property is subject to division. Assets acquired before marriage, as well as gifts or inheritances, remain the sole property of the individual who received them.

Florida is an equitable distribution state, meaning assets are divided fairly—but not necessarily equally. The court considers factors such as:

• The duration of the marriage

• Each spouse’s financial contributions

• Economic circumstances

• Non-financial contributions to the household

As a result, one spouse may receive a larger share depending on the situation—such as a 60/40 or 75/25 division.

Alimony

Same-sex couples have the same rights to alimony as heterosexual couples. The court may order one spouse to provide financial support to the other if there is a significant income disparity.

When determining alimony, the court will consider:

• The length of the marriage

• Each spouse’s earning capacity

• The standard of living during the marriage

• Each spouse’s contributions to the marriage

If both spouses earn similar incomes or have the ability to do so, alimony may not be awarded.

Settlement Options

Ideally, both spouses can reach an agreement on key aspects of the divorce—such as property division, finances, and alimony—without court intervention.

If disagreements arise, mediation can help. A neutral third party assists both sides in communicating and negotiating to reach a fair settlement.

When mediation fails, the case may proceed to litigation, where a judge makes the final decision. However, litigation is often lengthy, expensive, and emotionally draining, so it’s best to avoid it whenever possible.

Contact a Brandon Same-Sex Family Law Attorney Today

If you and your spouse are a same-sex couple considering divorce, you may have questions about your rights and what to expect from the process. The good news is that the same laws and protections apply to all couples in Florida.

At Koether Law, P.A., attorney Stephanie Koether is committed to representing same-sex couples with professionalism, compassion, and experience. She will guide you through every step of the legal process and help you achieve a fair resolution.