Maryland Divorce Lawyer Blog
This past June, the landmark U.S. Supreme Court decision of Obergefell v. Hodges, which made same-sex marriage legal in all 50 states, celebrated its ninth anniversary. As same-sex marriage has been legal for anywhere from roughly two decades (Massachusetts) to just shy of one decade (nationwide,) research has begun showing some important trends related to same-sex couples, marriage, and divorce. Divorce presents unique challenges to same-sex couples so, if you have made the difficult decision to divorce, having a skilled Maryland divorce lawyer by your side can be essential to getting a fair and appropriate outcome.
According to Maryland Matters, same-sex marriage experienced a massive uptick in the years after the 2015 Supreme Court ruling. Based on estimates from the Census Bureau, Maryland had “about 4,400 same-sex married couples… in 2012, the year before the state made it legal.” By 2015, that number had more than doubled to 10,388. After 2015, the number of married gay and lesbian couples has risen to approximately 16,500.
As the years have passed, researchers have studied the patterns of same-sex marriage and divorce. Researchers at UCLA, as well as their counterparts in Denmark, both found that the rate of same-sex divorce is lower than the rate among their “straight” counterparts.
Additionally, the rate of divorce among gay men was significantly lower than that of lesbian couples. According to the Office of National Statistics in the United Kingdom, 72% of the same-sex divorces in that country in 2019 were women.
Equitable Distribution in Same-Sex Divorce Cases
Same-sex couples who make the painful decision to divorce often face unique complications. A heterosexual couple’s divorce that ends a long-term relationship likely involved a short premarital period and a longer time inside the “bonds of matrimony.” Long-term same-sex couples, by contrast, almost certainly have a different personal history. With marriage only available in recent years, it is highly possible that the dissolution of a same-sex marriage involves a long period where the pair cohabitated before marrying.
This reality can present special hurdles when it comes to equitable distribution. Say, for example, a Bethesda same-sex couple who married in 2015 and filed for divorce in 2024 had lived together for 12 years before marrying. Although in a committed relationship from 2003-2015, they held only a few assets (like their home) in both names. The partners maintained many separate accounts, including checking and savings, during that time, but both spouses occasionally contributed to all the accounts. (For example, A might deposit some of his paycheck into B’s savings or checking account, and vice versa.)
In a hypothetical such as that one (which is not uncommon among same-sex couples,) separating marital assets from non-marital ones can be highly complex. One reason is something called “commingling.” Commingling refers to a situation where different parties (in this case, spouses,) mix their funds within an account (or accounts) bearing only the name of one party (spouse.) If a court concludes that spouses have commingled funds, that ruling may convert an asset from non-marital to marital and make it subject to equitable distribution.
Commingling is just one potential problem. In addition to being more likely to have cohabitated for a long time before marriage, same-sex couples tend to marry (for the first time) later than heterosexual couples. That elevates the possibility that one or both spouses brought substantial wealth and assets of his/her own into the marriage, making the process of getting equitable distribution “right” especially important.
Whether yours is a same-sex or opposite-sex marriage, the process of divorce can be difficult and complicated. Skillful legal representation is a must as you navigate all of the steps in this process. The experienced Maryland family law attorneys at Anthony A. Fatemi, LLC are here to help you tackle the process and ensure your rights to the property you have amassed are protected. Contact us today at 301-519-2801 or via our online form to set up your consultation.