Now that the Supreme Court has ruled that same-sex couples have the right to marry in all 50 states, they can legally get divorced. So far, research has shown that the divorce rate for same-sex marriages is roughly the same as the divorce rate for heterosexual couples.
Many divorce law experts say that it’s not clear right now how same-sex divorce will differ from heterosexual divorce. Many aspects of gay divorces would most likely be the same, such as the division of assets. However, some other issues will most likely be handled differently, particularly issues involving child custody.
Child custody issues in a gay marriage will most likely be handled differently because of the ways same-sex couples have children. Gay couples may adopt a child, adopt an embryo, use sperm donors, use a surrogate, or use other methods. Only one parent in a same-sex couple could possibly be biologically related to the child, so that can cause problems in a divorce.
In addition, same-sex couples in states in which gay marriage only recently became legal have other legal issues to face as well. Because gay couples have not been entitled to the same benefits as heterosexual married couples for so long, there may be other situations that could arise, including filing federal taxes, estate planning and inheritance issues, and medical insurance benefits.