Since the passage of the Marriage Equality Act, same-sex couples in New York have the same legal rights and responsibilities as any other married couple—including in the event of divorce. Like all couples, same-sex spouses must address asset division, debt distribution, and spousal support as part of the divorce process.

At H. Benjamin Perez & Associates, P.C., we strongly recommend the creation of a prenuptial or postnuptial agreement. These legal instruments can clarify which assets and debts were brought into the marriage, which were accumulated jointly, and how property and financial obligations will be divided in the event of divorce.

For families with children, we advise pursuing a second-parent adoption so that both spouses are legally recognized as parents. This ensures that both individuals have full parental rights, including medical decision-making authority and custody protections—even if you relocate to another jurisdiction. When both parents are legal guardians, custody determinations in a divorce are more straightforward and equitable.

Our law firm is proud to provide trusted and experienced legal counsel to LGBTQ+ individuals and couples across New York City. We’ve earned the Avvo® Clients’ Choice Award, reflecting our consistent dedication to client satisfaction and exceptional legal results. With decades of combined family law experience, our team is prepared to protect your rights and guide you through every legal challenge with clarity, strategy, and respect.