Divorce is difficult whenever it happens, but same-sex couples face some additional issues that opposite-sex couples don't have to deal with. When it comes to divorce, same-sex couples should discuss the following five things with their divorce lawyer.
1. Child Custody and Visitation Rights
In a same-sex divorce, you should discuss how much time each parent will spend with their children every week. You can also decide whether or not weekends should be shared between both parents or if one parent should only have custody during the weekdays while the other has custody over weekends. Additionally, you should talk about who will make medical decisions for your children if something happens where one parent needs assistance from another person (such as a doctor).
2. Alimony and Spousal Maintenance
Alimony and spousal maintenance are terms used interchangeably to refer to the money that one spouse pays the other after same-sex divorce or legal separation. The purpose is to help both spouses maintain their standard of living during the divorce process. While some couples decide among themselves how alimony will be paid and for how long, others need the help of their divorce lawyer to negotiate these arrangements.
3. Marital Property Division
Marital property division is the process of dividing marital assets and debts. It can be a complicated process, and many factors go into determining how assets will be divided between spouses.
If you are divorcing your same-sex partner, you should work with a divorce attorney who understands the unique challenges that LGBTQ couples face in divorce court. Your divorce attorney should also be able to explain how state laws will affect your situation and what you can do to protect your rights.
If spouses cannot agree on how to divide their assets, then a judge will decide based on state laws and what they believe would be fair based on all circumstances involved with each case.
4. Separation of Funds
Separation of funds is simply the way that you divide assets and debts during your divorce. Once you can agree on what assets and debts should be included in the negotiations, you must decide how to divide them between yourselves.
It is important that both parties clearly understand how their assets will be divided because this can have a significant impact on future financial situations. If one party has a large amount of money saved up in a retirement fund, it could mean they will not have enough money to live off of after the divorce.
If one party has a lot more debt than the other, they may want to consider settling with some or all of that debt before making any final decisions about asset division.
If there are substantial differences between the two parties' incomes and expenses, it may be necessary for them to enter into an agreement with each other about how these expenses will be handled after the divorce takes place, such as paying rent or mortgage payments, utilities, and insurance premiums.
5. Health and Life Insurance
Having a divorce attorney in Boynton Beach is important when discussing health and life insurance. The laws governing who gets what in the event of a divorce are complex, and there are often tax implications.
When you're married, both spouses have access to the same health insurance plan. But when you're divorced, you need separate coverage unless you and your ex have agreed to something different. In most cases, health insurance is divided between the two parties according to who has custody of the children.
If you're not sure how your ex's new partner will affect your coverage, it's important to talk with a divorce attorney in Boynton Beach about all of this before making any decisions about coverage or benefits changes on your own.
Regardless of the circumstances, it's important to mention that there are several legal rights same-sex couples must be aware of, especially when they're ending a marriage. The best thing you can do as you begin your divorce process is to work with a skilled and experienced lawyer. For more information on the issues facing same-sex couples during divorce, contact Pyfrom & Reisler, PA, for more details.
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