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.