Same-Sex Divorce Lawyer in Salem, MA

Guiding Same-Sex Clients Through Divorce Complications on The North Shore & Greater Boston Area

Divorces for LGBTQIA+ couples in Salem, Boston, the North Shore, and throughout Massachusetts often present the same fundamental issues that other divorces do. But important differences can still arise involving tax planning, health insurance, child custody, and asset division. That’s especially true for couples who were together for years before they could legally marry. 

To protect your rights and assets, you should retain a divorce attorney who is experienced in these issues. 

At Koiles Pratt Family Law Group, we represent partners in LGBTQIA+ divorce actions statewide, from our offices in Salem and Boston. Our attorneys are highly knowledgeable about the financial, tax, and custody issues such cases present. 

Ready to discuss your case directly with a Salem same-sex divorce attorney? Call us at (978) 744-7774 or contact us online to book an in-office or virtual consultation. 

How We Help You Move Forward

If you're facing a same-sex divorce in Massachusetts, you may already know that some of the legal issues in your case, like Social Security benefits, retirement assets, or how much of your relationship the court will actually count, can be more complicated than a typical divorce. You don't need to sort that out on your own.

Our attorneys start by understanding your full history as a couple, not just your marriage date, because that history can affect how your case is handled. From there, we help you understand your options for property division, support, and custody, and build a strategy suited to your specific circumstances. 

Whether your case is resolved through negotiation or requires litigation, we stay with you from the outset through to resolution.

Property Division in Gay and Lesbian Divorce

Since the Supreme Court's 2015 decision and Congress's 2022 Respect for Marriage Act, same-sex marriages are legally recognized under both Massachusetts and federal law. This includes resolving issues such as retirement benefits, Social Security, and federal pensions. 

That said, real complications can still arise, particularly for couples whose relationship began well before they were legally able to marry. 

Massachusetts courts have held that, when dividing property, they may weigh each spouse's contributions to building, preserving, and growing shared assets during premarital cohabitation, not just contributions made after the wedding date. 

For couples together for years or decades before marriage became available to them, that consideration can matter a great deal, and it's exactly the kind of issue our attorneys are experienced in handling.

For a person seeking an LGBTQIA+ divorce in Massachusetts, these issues present real challenges, but our attorneys have developed thoughtful, creative solutions to protect clients' rights.

Social Security & the 10-Year Marriage Rule

One issue that catches many same-sex couples off guard involves Social Security. To collect divorced-spouse benefits based on an ex-spouse's earnings record, federal law generally requires that the marriage lasted at least 10 years, counted strictly from the legal marriage date to the date the divorce is finalized. 

Time spent together before marriage became legally available, even decades of it, doesn't count toward that 10-year requirement. For couples who couldn't legally marry, this rule can mean the difference between qualifying for meaningful retirement benefits and receiving none at all.

 Understanding how this rule applies to your situation and, where possible, planning around it are issues our attorneys can help you think through as part of your divorce.

Child Custody & Visitation

If you have a parental relationship with your partner's children, you may be able to continue that relationship by obtaining custody or visitation rights under Massachusetts law. A lawyer at our firm can explain your rights and any potential differences from a traditional custody case, particularly if you are not your child's biological or legally recognized parent, which can raise additional questions in a same-sex divorce.

Speak with a Salem Same-Sex Divorce Attorney Today

Every same-sex divorce carries its own history, and that history matters, legally and personally. Our attorneys make sure that history is accounted for, so your case reflects the full picture and the outcome you deserve. 

Our attorneys are backed by over 175 years of collective experience in divorce and family law, which we draw upon in resolving every case. 

Call (978) 744-7774 or submit our online contact form to consult an attorney about your divorce today.