Research on same-sex vs. straight divorce
Same-sex and opposite-sex couples may face some varying marital issues. Here are 7 surprising facts about same-sex vs. straight divorce.
1. Only 1% of same-sex couples get divorced each year.
This statistic can look misleading, as only 2% of straight couples get divorced each year. However, that is still half as many couples getting divorced each year. Additionally, this statistic refers to yearly divorces. It is still important to keep in mind that the percentage of couples that get divorced at any point in their marriage is close to 50%.
2. Same-sex marriages face different rules when it comes to dividing property during divorce.
Since same-sex marriage has only been legal in California since 2008, and across the entire United States since 2015, there are rules surrounding the property division for same-sex couples that differ from heterosexual couples. Many LGBTQ+ couples who have been living together or considered themselves “married” had joint finances for years before same-sex marriage was legal. In the court’s eyes, this time spent living together was previously unrecognized when trying to divide up property. In order to fix this issue, the courts now recognize the time spent together before the same-sex marriage law had been passed, meaning that both spouses will be able to get a fair amount of alimony and property from their divorce.
Related: How Property Is Divided in a California Divorce
3. Child custody can get more complicated when same-sex couples get divorced than heterosexual couples.
Since legalized marriage equality is a fairly recent ruling, many same-sex couples decided to start a family before being legally married. Oftentimes, one partner would have a kid biologically through a sperm donation, and the other partner would find it almost impossible to adopt their partner’s biological child(ren). If the other parent never legally adopted the child(ren), the courts in most states won’t accept any parental rights, including visitation, to the non-biological parent. In most cases, the couple had decided to have and raise the child together, and this alienation of one parent due to the court’s ruling can be devastating.
Related: Child Custody for Same-Sex Couples in California
4. Female same-sex marriages are more likely to end in divorce than male same-sex marriages.
While divorce rates vary greatly between LGBTQ+ couples and straight couples, they also vary greatly between woman-loving-woman relationships and man-loving-man relationships. A study done in the Netherlands found that while women are more likely to be in same-sex relationships than men, they were also more likely to get divorced when married to other women. The study (started in 2005 and ended in 2015) discovered that about 30% of lesbian marriages ended in divorce, whereas only 15% of male same-sex relationships ended in divorce.
5. It is assumed that the divorce rate is lower in same-sex couples because there used to be a lot of obstacles to get married prior to 2015.
While no one knows for sure the real reason why same-sex couples have a much lower divorce rate than heterosexual couples, many people have tried to figure out why. The widely accepted theory is that prior to 2015, same-sex marriage was not legal everywhere, so couples who did want to get married faced many obstacles. These couples that were getting married were usually stronger as they had been together for much longer and often had to cross state lines to get married. There is not enough data on more recent same-sex marriages, so it is unclear how these statistics will change over time.
6. Same-sex couples can run into residency issues when trying to divorce.
Since same-sex marriage has only been legalized for a few years, LGBTQ+ couples will still run into many issues when trying to get divorced. Residency is a large issue that many same-sex couples who have been together for a long time have to deal with. This is especially an issue in couples who crossed state lines to get married and have never lived in the state that they are registered in. Most states have a residency requirement for divorce, meaning that there is a minimum amount of time that couples must have lived in the state before being able to file for divorce. This residency requirement usually is not long, only about a month on average, but it can still pose major problems for couples who do not and have never lived in the state they got married in.
7. While same-sex divorce rates are lower than heterosexual divorce rates, same-sex breakups are more common.
The National Longitudinal Study of Adolescent to Adult Health suggested that live-in same-sex couples end their relationships more often than live-in heterosexual couples. This is believed to be due to a phenomenon called “minority stress.” Minority stress pertains to the unique issues that surround same-sex couples, such as discrimination, harassment, microaggressions, violence, and lack of approval from friends and family.
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