Same-Sex Divorce in Florida

Same sex couple with baby at home

Same-Sex Divorce in Florida

In recent years, significant strides have been made in recognizing and protecting the rights of the LGBTQ+ community. At Peak Lega, we support the LGBTQ+ community and specifically assist same-sex couple while they navigate divorce and custody disputes. This blog post delves into the specifics of same-sex divorce in Florida, shedding light on the legal considerations and challenges that individuals may face.

Legal Recognition

Following the landmark Supreme Court decision in Obergefell v. Hodges in 2015, same-sex marriage became legal nationwide. This ruling not only granted the right to marry but also opened the door for legal recognition of same-sex divorces.

Property Division

One of the key aspects of any divorce is the division of marital assets, and same-sex couples in Florida face the same challenges as heterosexual couples. Florida follows the principle of equitable distribution, meaning that marital assets are divided fairly, though not necessarily equally. This includes real estate, financial accounts, and other shared property.

Child Custody and Support

For same-sex couples with children, child custody and support issues can be particularly complex. Florida family courts prioritize the best interests of the child when determining custody arrangements. The biological and adoptive parents’ rights are typically considered equally, emphasizing the importance of maintaining stable and supportive environments for the child.


Alimony, or spousal support, is another facet of divorce that applies equally to same-sex couples in Florida. The court may award alimony based on factors such as the length of the marriage, the financial contributions of each spouse, and their respective needs.

Challenges and Progress

While significant progress has been made in recognizing same-sex marriages and divorces, challenges still exist. Some individuals may face resistance from certain communities or encounter legal nuances that require careful navigation. However, ongoing efforts within the legal system and society as a whole aim to create an inclusive and supportive environment for all individuals seeking divorce, regardless of their sexual orientation.


Navigating a same-sex divorce in Florida involves understanding and addressing legal considerations that may differ from those of heterosexual couples. As the legal landscape continues to evolve, it is crucial to stay informed and seek guidance from experienced family law attorneys. Ultimately, the goal is to ensure that same-sex couples have equal access to the rights and protections afforded by the legal system, fostering a fair and just resolution to the complexities of divorce.  Contact our attorneys at Peak Legal if you need assistance with navigating your same-sex divorce.

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