Same-Sex Divorce in Clermont

Why the Legal Marriage Date Can Matter

The U.S. Supreme Court's 2015 decision in Obergefell v. Hodges established the constitutional right of same-sex couples to marry and required states to recognize lawful same-sex marriages.

That does not mean every same-sex marriage legally began in 2015.

Some couples legally married in another state or jurisdiction before Florida recognized same-sex marriage. Others were together for many years but did not enter a legal marriage until later.

That distinction can matter in divorce.

Florida's alimony statute measures the length of the marriage from the date of marriage to the date the dissolution action is filed. Current law uses rebuttable presumptions that classify marriages of less than 10 years as short-term, marriages from 10 to 20 years as moderate-term, and marriages of 20 years or more as long-term.

Years spent together before any legal marriage do not automatically extend that statutory marriage duration. On the other hand, a lawful marriage entered in another jurisdiction before 2015 should not simply be treated as though it began when Florida later recognized marriage equality.

The actual marriage records and history should therefore be reviewed rather than assuming 2015 is the starting point.

Property Acquired Before and During the Marriage

Florida uses equitable distribution when dividing marital assets and liabilities.

The court begins with the premise that marital property should be divided equally unless statutory factors justify a different distribution.

Determining what belongs in the marital estate comes first.

Assets and liabilities acquired during the marriage are generally presumed marital unless they qualify as nonmarital. Property acquired before the marriage is generally treated differently, but classification can become more complicated when property was later jointly titled, marital funds were used to pay debt or improve an asset, appreciation resulted from marital efforts, or separate and marital funds were commingled.

These questions can be especially important for couples who:

• Owned a home together before marrying
• Shared bank or investment accounts before the legal marriage
• Built a business during a long relationship that predated marriage
• Contributed to property originally owned by only one spouse
• Legally married elsewhere before Florida recognized the marriage

Our property division attorneys can trace how assets were acquired, titled, used, and funded rather than assuming that the relationship start date automatically determines whether property is marital.

Alimony in a Same-Sex Divorce

Florida applies the same alimony statute to same-sex and opposite-sex spouses.

The court first considers whether one spouse has an actual need for support and whether the other has the ability to pay. If those requirements are met, the court evaluates factors including the duration of the marriage, standard of living established during the marriage, each spouse's resources and earning capacity, contributions to the marriage, and responsibilities involving minor children.

For couples whose relationship substantially predates their legal marriage, the statutory marriage duration can therefore become particularly important.

A long relationship is not automatically treated as a longer legal marriage for alimony purposes. Conversely, spouses who lawfully married elsewhere before Florida recognized same-sex marriage should have the actual lawful marriage date examined.

Prenuptial or postnuptial agreements may also affect alimony or property rights, depending on their terms and enforceability.