Same-sex couples have had the right to marry — and divorce — throughout the United States since the Supreme Court’s Obergefell v. Hodges decision in 2015. But while the legal right is the same, the experience of divorce can be meaningfully different for LGBT couples, especially here in Georgia. Here’s what you need to know.
The Short Answer: The Process Is the Same, but the Details Get Complicated
Georgia’s divorce laws apply equally to same-sex and opposite-sex couples. You file in Superior Court, meet the state’s residency requirement, and divide marital property under Georgia’s equitable distribution rules — regardless of your gender or sexual orientation.
But equal treatment on paper doesn’t always mean equal outcomes in practice.
The Date-of-Marriage Problem
One of the biggest legal challenges for LGBT couples is the gap between when many couples started their lives together and when they were legally allowed to marry.
Many same-sex couples were together for years — sometimes decades — before marriage equality became the law of the land. Under Georgia law, the marital estate generally begins on the date of legal marriage. That means assets accumulated during a long partnership before marriage may be treated as separate property, even if both spouses contributed to building them together.
If you and your spouse lived together, bought a home, built retirement accounts, or ran a business before you could legally marry, that history matters — and it takes skilled legal work to address it fairly in a divorce.
Child Custody and Parental Rights
For LGBT couples with children, custody and parental rights can be especially complex.
In many families, only one spouse is the biological or adoptive parent of record. If the other partner never completed a second-parent adoption, their legal standing as a parent may be questioned — even after years of raising the child together. Georgia courts focus on the best interests of the child, but establishing parental rights is a critical first step before any custody arrangement can be worked out.
If you’re considering divorce and are unsure of your parental status, getting legal advice early is essential.
Spousal Support Considerations
Alimony in Georgia is based on the length of the marriage and each spouse’s financial situation. For couples who couldn’t legally marry until 2015, a judge may only look at the years since the wedding date — not the full length of the relationship. This can significantly affect whether spousal support is awarded and how much.
An experienced attorney can help present the full picture of your relationship and financial interdependence, even if it predates your legal marriage.
Divorce is never simple — and for LGBT couples, it often comes with an extra layer of legal complexity that deserves careful attention. If you’re navigating the end of a same-sex marriage in Georgia, Platt Family Law is here to help. Contact us today to schedule a consultation.
