LGBTQ+ Divorce
in New York

Call 212.682.6222 or Connect Online

Skilled Legal Guidance Through
Complex Divorce Matters

LGBTQ+ couples navigating divorce can face legal challenges that differ, sometimes significantly, from those encountered by opposite-sex spouses. While the legal framework governing divorce in New York applies equally regardless of gender or sexual orientation, the lived realities and legal history of LGBTQ+ relationships can create complexities requiring experienced legal support.

At Bikel Rosenthal & Schanfield, our team brings deep knowledge of New York family law and nuanced experience handling LGBTQ+ divorces. We provide focused, strategic representation to help clients protect their rights, their families, and their futures.

Divorce May Differ for LGBTQ+ Couples

Although same-sex marriage has been legal nationwide since Obergefell v. Hodges (2015), many LGBTQ+ couples spent years in committed relationships before the law recognized those unions. This legal lag could complicate the divorce process. For example:

  • Asset division: Property acquired before marriage can be substantial, raising questions about whether it constitutes marital or separate property.
  • Parental rights: Custody of children born or adopted before marriage may conflict with traditional frameworks.
  • Jurisdictional inconsistencies: Couples who moved between states during their relationship might encounter differing interpretations of family law.

Due to these nuances, it's essential to obtain legal advice from counsel who understands the intersection of LGBTQ+ rights and divorce law.

Why Prenuptial Agreements Matter for LGBTQ+ Couples

Prenuptial agreements are particularly valuable for LGBTQ+ individuals due to the often nonlinear legal recognition of their relationships. Couples who lived as spouses for years before being legally allowed to marry may have accumulated significant assets, made financial commitments, or raised children together without formal legal safeguards.

A well-drafted prenuptial and postnuptial agreement can help:

  • Minimize conflict in the event of divorce
  • Define and protect separate property
  • Clarify financial responsibilities
  • Address inheritance concerns

Our New York matrimonial law attorneys are adept at drafting and enforcing prenuptial agreements that
reflect the realities of LGBTQ+ relationships while protecting your long-term interests.

Same-Sex Divorce and
Asset Division

New York follows equitable distribution laws, meaning marital assets are divided fairly, not necessarily equally. However, determining what counts as marital property can be complicated for same-sex couples.

For example, a couple who cohabited for many years before legally marrying may have already blended their finances, purchased property, or built shared wealth before their legal union. Because only assets acquired during the marriage are typically considered marital, this creates a legal gray area.

 Our team conducts comprehensive asset tracing and collaborates with financial experts when needed to ensure fair and legally sound division of property.

Child Custody in a Same-Sex Divorce

Custody disputes can be particularly sensitive in LGBTQ+ divorces, especially when only one parent is the legal or adoptive parent of the child. Courts in New York have made progress toward recognizing non-biological and non-adoptive parents, but the law continues to evolve.

Key considerations include:

  • Parenting roles and responsibilities over time
  • Legal parentage at the time of the child's birth or adoption
  • Formal second-parent adoption status
  • Court recognition of de facto parent status

We advocate firmly for our clients' parental rights, whether they are legal, adoptive, or de facto parents, and work to secure custody or visitation arrangements in the child's best interest.

Challenges in LGBTQ+ Family Law In New York and Beyond

New York law generally provides strong protections for LGBTQ+ families. However, not all jurisdictions have reached the same level of legal recognition or consistency. If your divorce involves relocation, interstate custody disputes, or out-of-state adoptions, you may face added legal complications.

Our firm is experienced in navigating multi-jurisdictional issues. We can help you understand how other state laws may impact your case. When necessary, we work with attorneys from outside jurisdictions to provide seamless legal support.

Working with
Bikel Rosenthal & Schanfield

For LGBTQ+ clients, divorce can involve additional legal and emotional dimensions. At Bikel Rosenthal & Schanfield, our
New York divorce attorneys help clients resolve divorce with clarity, dignity, and the legal protection they deserve.

Whether through negotiation, mediation, or litigation, we approach each case with precision and focus, tailoring strategies to the unique needs of our clients and their families.

If you're facing an LGBTQ+ divorce in New York or dealing with related custody or property issues, we're here to help. Contact Bikel Rosenthal & Schanfield to schedule a confidential consultation.

Call 212.682.6222 or Connect Online