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LBGTQ couples and high-asset divorces

On Behalf of | Apr 22, 2021 | Property Division

By their very nature, divorces in Virginia are often contentious affairs. A combative marriage dissolution is even more likely when the matter is a high-asset divorce. A high-asset divorce has the potential for becoming even more complicated when the spouses parting ways are members of the LGBTQ community.

Addressing LGBTQ divorces generally

Overall, Virginia marriage dissolution cases involving LGBTQ couples are treated in the judicial system in the same manner as divorces of heterosexual couples. With that said, there are some issues in LGBTQ marriages that are proving to be more complicated. A problematic area is in those cases identified as a high-asset divorce.

High-asset LGBTQ divorce complications

At the heart of points of contention in a high-asset divorce involving an LGBTQ couple is how to divide assets. Dividing assets in some high-asset divorce proceedings involving a same-sex couple arises from the fact that a pair may have only been married for a few years but have been together in an intimate partnership for years, even decades.

The stark reality is that same-sex marriages have only been permitted throughout the United States, including in Virginia, for a relatively short period of time. A notable percentage of LGBTQ couples seeking divorce have been “all but married” for an extended period of time, which might suggest that the division of marital assets needs to take into consideration more than the actual timeframe the marriage technically was in place.

Due to the complexities of high-asset divorces generally, coupled with unique considerations found in some same-sex marriage dissolution cases, experienced legal representation is vital. Virginia divorce attorneys with experience in representing clients in same-sex divorce may offer guidance throughout the process.

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