While Minnesota already recognized the union, the U.S. Supreme Court’s landfall decision in Obergefell v. Hodges, which protects same-sex marriage in all 50 states, has provided more protection for same-sex unions. However, just like traditional couples, entering into a marital union also means considering the possibility of divorce. Here are some answers to common questions related to same-sex divorce.
If a same-sex couple decides to divorce, they are usually subject to the same property division, child support and spousal support standards as those divorcing in a traditional marriage. This means that property and assets, which also includes debts, are up for equitable division.
One spouse may have to pay alimony to a spouse that made significant sacrifices within the marriage at the expense of their skills and salary. If children are involved there will likely be a child custody arrangement in addition to the other divorce issues to sort through.
Property division can sometimes bring out the worst in people. There are ways to look at the division as a means of getting what you really need versus everything that was once owned between the couple. The assets and liabilities should be shared equally, however, what the means for each individual MN same-sex couple varies. Understanding financial statements and the full value of all assets like property, 401(k) or even art can help determine how these assets may be divided.
Remember that same-sex marriage holds as much weight as traditional marriage in the state of Minnesota. If you and your partner have entered into this union, there will be some legal formalities to address if you wish to exit the union. This doesn’t mean that the process cannot be amicable and easy-going. A positive attitude can mean a world of difference in divorce proceedings.
Source: family.findlaw.com, “Same Sex Marriage Pros and Cons,” Accessed November 30, 2015