Question 1

Are same-sex marriages treated the same as opposite-sex marriages in Florida divorce?

Accepted Answer

Yes. Since the 2015 Supreme Court ruling in Obergefell v. Hodges, same-sex marriages in Florida have identical legal rights and obligations as opposite-sex marriages. This includes all aspects of divorce: property division, alimony, child custody, child support, and parental rights. Florida courts must treat same-sex divorces equally under the law.

Question 2

How is the date of marriage determined for same-sex couples in Florida?

Accepted Answer

For same-sex couples married in Florida after January 2015, the marriage date is straightforward. For couples married out-of-state before Florida recognized same-sex marriage, the legal marriage date is when the marriage was originally performed, not when Florida began recognizing it. This affects property division, alimony calculations, and retirement benefit division based on length of marriage.

Question 3

What parental rights do same-sex parents have in Florida?

Accepted Answer

Both legal parents (through birth, adoption, or court order) have equal rights regardless of sexual orientation. For couples where only one partner is the biological parent, the non-biological parent should establish legal parental rights through second-parent adoption or adjudication of parentage. Without legal parental rights, a non-biological parent may have no custody or visitation rights if the relationship ends.

Question 4

Can unmarried same-sex couples in Florida have custody or visitation rights?

Accepted Answer

Custody and visitation rights in Florida are based on legal parentage, not relationship status. An unmarried partner who has not legally adopted the child or established parental rights through court order may not have automatic rights. However, you can petition for time-sharing or custody as a non-parent if you've established a parent-like relationship and it's in the child's best interest.

Question 5

How does Florida handle property division for same-sex couples who lived together before marriage equality?

Accepted Answer

Property acquired during a legal marriage is marital property subject to equitable distribution. Property acquired during a non-marital cohabitation period (before marriage) is generally separate property. However, couples can argue for equitable claims to property purchased together or through joint contributions during cohabitation, though this can be more complex than traditional marital property division.

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