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Issues Facing Same Sex Couples

Family law for same-sex couples in Connecticut is constantly evolving. At Freed Marcroft, we are well-versed in the rapidly changing landscape that same-sex couples face when it comes to legal rights, alimony calculations, second parent adoption, child custody, child support and more. Our robust representation protects clients from long-term issues like taxation concerns, estate planning, powers of attorney, and health care powers. We are dedicated to representing same-sex couples and safeguarding their futures. Below, we discuss some of the issues same-sex couples face legally. Freed Marcroft invites you to contact us and explore how we can protect you and your family’s future today.

Connecticut’s recognition of the right to marry in 2008, followed by the U.S. Supreme Court’s affirmation of the right to marry in 2015, opened the doors for millions of couples nationwide to have their commitment to one another formally and legally recognized – and to the option for those couples to divorce one another, as well. While all couples now have the same legal rights and obligations, same-sex couples often find themselves facing challenges unique to their situation.

Here are some of the most common issues we see same-sex couples grapple with during the divorce process, and how we can help:

  1. Alimony calculations can be tougher.

Connecticut legally recognized the right of same-sex couples to marry in late 2008. However, many couples have been together much longer than this – married in all but name. Their 2008 or later wedding date is an artifact of the legal process, not a reflection of the time they have spent supporting one another or making mutual life decisions.

Despite this fact, Connecticut courts still date their alimony decisions from the start of the legal marriage, not the start of the relationship. Since few family law judges in Connecticut grant alimony to spouses who have been legally married less than ten years, this means that same-sex couples can find the alimony argument a tough one to make. Experienced legal help can mean the difference between life-saving spousal support and no support.

  1. Child custody and support questions may be complex.

The children of same-sex couples grow up knowing only that they have two parents that love them, and during a divorce, the children often have concerns about which parent will care for them and where they will live.

While custody and support questions appear in every divorce involving minor children, they get much more complex when the parents have not taken the legal steps needed to ensure that both parents have full legal parental rights – for instance, by formally adopting the child. Having a lawyer on your side helps ensure that you’re protecting your children’s best interests as well as your own.

Every divorce is different, which means the advice you need must be tailored to your specific situation. To learn more, feel free to contact us any time at (860) 560-8160 to set up a private Goals & Planning Conference.

For more information, check out some of our blog posts on this topic: