Close X

Is my same-sex partner entitled to my assets in a divorce?

Posted by Michael G. Butash | Aug 11, 2017 | 0 Comments

Is my same-sex partner entitled to my assets in a divorce?

In a divorce, your same-sex partner is entitled to a portion of the marital assets. Any non-marital assets, generally speaking, are yours and yours alone, just as any of their non-marital assets, generally speaking, are theirs and theirs alone. However, any marital assets will be subject to equitable distribution, which is the division of all the assets and the debts of the marriage. There is a presumption by the court that all of the assets will be divided 50/50. There is a presumption also that all of the debts will be divided 50/50. Now these are both reputable presumptions. One party can make arguments to the court in an attempt to prove that an equitable or fair distribution of the assets and debts is not an equal distribution but rather one party should get more of the assets and/or fewer of the debts out of fairness.

About the Author

Michael G. Butash

Michael G. Butash Stetson University College of Law Florida State University Former State Prosecutor Mike grew up in the Tampa Bay area and graduated from Stetson University College of Law in 1997. He was immediately hired as an Assistant State Attorney for the 6th Judicial Circuit (Pinellas/...

Comments

There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

“Choosing The Proper Attorney Is The Single Most Important Decision That You Could Be Making In Your Life.”

Have any questions?

Click the button below to view our “Publications and Opinions” page, where we might have the information & advice you are looking for!

Click Here To View Publications and Opinions

Think You Have A Case?

Connect With Us Today!

There Is No Commitment; And We Will Quickly Inform You Of How We Can Help.

LawPay

Cash App CashTag- $ButashLaw

Venmo - @ButashLaw