Division of Marital Assets

One notable difference between same-sex and traditional divorce is how courts view which assets are considered conjugal from those that are not. All assets owned by both parties are considered marital or conjugal, regardless of when the assets got acquired. This makes it 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.

In a lot of cases, a judge may consider marital assets such as those properties which were acquired during the marriage. Also, they might include positive assets, such as a house, car, or retirement account and the negative assets, such as a student loan debt. Usually, the family courts are less likely to consider assets acquired before the marriage as being subject to division. With the help of a divorce lawyer having great experience in LGBT marriages, you can identify the assets that will be part of the pool of the conjugal assets.

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