LGBT Divorce: Division of Marital Assets

An important difference between LGBT and traditional divorce is how the court views the assets. They put a line between the marital assets and those that are not. All assets acquired and owned by both parties are deemed to be marital or conjugal, regardless of when the assets got acquired. As a consequence, such assets are subject to marital division. In practice, however, the courts have always focused on when assets were acquired to determine how assets will be divided in a divorce.

Most of the cases make a judge consider marital assets such as those properties which was acquired during the marriage. In addition to that, a judge might even take in positive assets like a house, car, or retirement account and the negative assets like student loan debt. Usually, the family courts will not consider assets acquired before the marriage as being subject to division. Seeking the assistance of a divorce lawyer having great experience in LGBT marriages, you can properly sort the assets that will be part of the pool of the conjugal assets.

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