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Diamond & Diamond, P.A.
NJ FAMILY LAW ATTORNEYS

HIGH-QUALITY REPRESENTATION
IN DIVORCE AND FAMILY LAW
MATTERS

Diamond & Diamond, P.A.
NJ FAMILY LAW ATTORNEYS

HIGH-QUALITY REPRESENTATION
IN DIVORCE AND FAMILY LAW
MATTERS

Call For A Free Initial Divorce Consultation

Difficulty obtaining spousal support in same-sex divorce

| Sep 17, 2020 | Family Law |

Since the Supreme Court decision legalizing same-sex marriage, there has been a significant decrease in the number of LGBT+ people cohabitating with a same-sex partner and an increase of people married to a same-sex spouse.

The Obergefell decision extended equal marriage rights to you and your same-sex partner, including the right to divorce. However, it did not resolve all the issues that can arise during your divorce process. A problem that largely still remains up in the air is determining spousal support.

The length of the relationship

According to CNBC, one of the most significant factors in determining spousal support is the length of the marriage. In other words, the longer your marriage, the more likely it is that you may receive alimony.

You and your spouse may have lived together for decades before it became legal for you to get married. Some courts take this into consideration since you did not have the option of choosing between marriage and cohabitation. Others may base the decision solely on the length of your marriage. Since this may be significantly shorter than the length of your relationship, you may not receive spousal support or receive less than you might expect.

The advantages of mediation

You may be able to reach a fairer decision regarding spousal support if you and your spouse can work out your own divorce agreement rather than litigating it in court and leaving the decision up to a judge. Divorce mediation gives you the opportunity to base a decision based on your understanding of your own personal situation with the guidance of a mediator. If you and your spouse are both willing, mediation gives you the flexibility to craft your own agreement, and the final arrangement is legally binding, just as a court decision would be.