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The extension of civil marriage, union, and domestic partnership rights to same-sex couples in various jurisdictions can raise legal issues upon dissolution of these unions that are not experienced by opposite-sex couples, especially if law of their residence or nationality does not have same-sex marriage or partnerships.
In jurisdictions where same-sex unions are not possible, also divorce or annulment is often not possible, while general conflict of law rules sometimes exclude divorce in the jurisdiction where the marriage was celebrated.
In some jurisdictions divorce is possible, even if marriage is not possible. They are listed below:
| Jurisdiction | Comment |
|---|---|
| Aruba | Marriages from the Netherlands only [1] |
| Israel | [2] |
Marriages and divorces in the U.S. are governed by state law, not federal law. That means that states are free to set their own rules for who is eligible for marriage (e.g., the minimum age for marrying) and establish their own rules and processes for divorce. Nonetheless, every state had a general residency requirement for divorce cases, requiring at least one of the people seeking the divorce to reside in that state. Before the federal government recognized same-sex marriages in 2013, through the Supreme Court's decision in United States v. Windsor , same-sex couples who legally married in one state could find themselves unable to divorce after relocating to another state that did not recognize their marriage as valid. That could result in the need for a costly civil lawsuit to attempt to resolve issues of property rights, and property settlements that were negotiated outside of court could potentially trigger federal gift tax requirements. [3]
Before the Supreme Court's 2015 decision in Obergefell v. Hodges , couples in same-sex marriages could generally only obtain a divorce in jurisdictions that recognized same-sex marriages. [4] When Delaware and Minnesota legalized same-sex marriage in May 2013, they passed legislation allowing non-resident couples who had legally married within the state, but who were not able to divorce in the jurisdiction where they were residing, to obtain a divorce through their courts. [5] [6] Florida legalized divorce for same sex couples as the result of a court decision [7] that followed lawsuits by couples who had legally married in other states but had not been allowed to divorce after relocating to Florida. [8] [9] [10]
After the Supreme Court's decision in Obergefell, same-sex couples could legally divorce in any U.S. state. [11] [12]
Divorce rates of marriages with same-sex partners vary by nation.
Between 2004 and 2009, the average annual divorce rate for all homosexual marriages was almost 2% (the total rate of divorce over those five years was 11%) Also between 2004 and 2009, lesbian divorce rates were nearly double of those of gay men. [13]
In the Netherlands, slightly more marriages between women are recorded than between men: between 2006 and 2011 on average 690 and 610 per year respectively.
The lesbian divorce rate is much higher than the divorce rate between men: in the same period on average 100 women and 45 men divorced per year (i.e., Lesbian divorce rate = 14%, Gay Male divorce rate = 7%). [14]
As of 1997, the same-sex partnership divorce rate (17 percent) was significantly lower than that of heterosexual couples in Denmark (46 percent). The vast majority of gay marriages in Denmark are male-male. Fourteen (14) percent of these end in divorce, compared to 23 percent of female-female marriages. The higher rate for lesbians, is consistent with data showing that women initiate most of the heterosexual divorces in Denmark. [15]
A 2022 study of Norway, using data up to 2018, found that divorce rates 20 years post-marriage were 5% lower for male-male marriages compared to male-female marriages and were 29% higher for female-female marriages vs female-male marriages. [16]
Another study on short-term same-sex registered partnerships in Norway and Sweden found that divorce rates were higher for same-sex couples than opposite-sex marriages, [17] and that unions of lesbians are considerably less stable than unions of gay men. [18]
In the above study, lesbians' divorce risks were 10% higher than for gay men (Table 4).
A study of marriage dissolution rates in Sweden spanning the years 1995–2012 found that 30% of both male same-sex marriages and heterosexual marriages ended in divorce, whereas the separation rate for female same-sex marriages was 40% (their Figure 7a). [19]
The divorce rate of same-sex couples within 29 months of the introduction of legally binding civil partnerships was slightly less than one percent in the United Kingdom. [20]
As of 2013, lesbian couples were twice as likely to initiate actions to end legally recognized partnerships as compared to gay men. [21] In 2016, married female couples were approximately 2.5 times more likely to divorce than male couples. [22]
According to Office for National Statistics, divorce rate of heterosexual couples is at its lowest since 1971 in England and Wales. The divorce rate for same-sex couples increased in 2016 and 2017, [22] [23] which the Office for National Statistics explained as a likely result of the fact that same-sex marriages have only been legal since 2014. [23]
Massachusetts, the first U.S. state to allow same-sex marriage, does not track how many of the divorces in the state are between same-sex couples. [24] A 2011 study for states with available data initially reported that the dissolution rates for same-sex couples were slightly lower on average (on average, 1.1% of all same-sex couples were said to divorce each year, ranging from 0% to 1.8% in various jurisdictions) than divorce rates of different-sex couples (2% of whom divorce annually). [25] The Washington Post retracted a headline about this report because the study had incorrectly calculated the percentage due to an error in capturing when the same-sex marriages began. As a result, the corrected findings show a 2% divorce rate for same-sex couples—the same as opposite-sex couples. [26]
Baker v. Vermont, 744 A.2d 864, was a lawsuit decided by Vermont Supreme Court on December 20, 1999. It was one of the first judicial affirmations of the right of same-sex couples to treatment equivalent to that afforded different-sex couples. The decision held that the state's prohibition on same-sex marriage denied rights granted by the Vermont Constitution. The court ordered the Vermont legislature to either allow same-sex marriages or implement an alternative legal mechanism according similar rights to same-sex couples.
A civil union is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage.
Same-sex marriage, also known as gay marriage, is the marriage of two people of the same legal sex. As of 2024, marriage between same-sex couples is legally performed and recognized in 36 countries, with a total population of 1.3 billion people. The most recent country to legalise same-sex marriage is Greece.
A domestic partnership is a relationship, usually between couples, who live together and share a common domestic life, but are not married. People in domestic partnerships receive legal benefits that guarantee right of survivorship, hospital visitation, and other rights.
Same-sex marriage has been legal in the Netherlands since 1 April 2001. A bill for the legalisation of same-sex marriage was passed in the House of Representatives by 109 votes to 33 on 12 September 2000 and by the Senate by 49 votes to 26 on 19 December 2000. The law received royal assent by Queen Beatrix of the Netherlands on 21 December 2000 and took effect on 1 April 2001. The Netherlands was the first country in the world to legalize same-sex marriage.
Same-sex marriage was progressively introduced in several provinces and territories of Canada by court decisions beginning in 2003 before being legally recognized nationwide with the enactment of the Civil Marriage Act on July 20, 2005. On June 10, 2003, the Court of Appeal for Ontario issued a decision immediately legalizing same-sex marriage in Ontario, thereby becoming the first province where it was legal. The introduction of a federal gender-neutral marriage definition made Canada the fourth country in the world, and the first country outside Europe, to legally recognize same-sex marriage throughout its borders. Before the federal recognition of same-sex marriage, court decisions had already introduced it in eight out of ten provinces and one of three territories, whose residents collectively made up about 90 percent of Canada's population. More than 3,000 same-sex couples had already married in those areas before the Civil Marriage Act was passed. Most legal benefits commonly associated with marriage had been extended to cohabiting same-sex couples since 1999.
The availability of legally recognized same-sex marriage in the United States expanded from one state (Massachusetts) in 2004 to all fifty states in 2015 through various court rulings, state legislation, and direct popular votes. States each have separate marriage laws, which must adhere to rulings by the Supreme Court of the United States that recognize marriage as a fundamental right guaranteed by both the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution, as first established in the 1967 landmark civil rights case of Loving v. Virginia.
Civil union has been legal in New Zealand since 26 April 2005. The Civil Union Act 2004 to establish the institution of civil union for same-sex and opposite-sex couples was passed by the Parliament on 9 December 2004. The Act has been described as very similar to the Marriage Act 1955 with references to "marriage" replaced by "civil union". A companion bill, the Relationships Act, was passed shortly thereafter on 15 March 2005, to remove discriminatory provisions on the basis of relationship status from a range of statutes and regulations. As a result of these bills, all couples in New Zealand, whether married, in a civil union, or in a de facto partnership, now generally enjoy the same rights and undertake the same obligations. These rights extend to immigration, next-of-kin status, social welfare, matrimonial property and other areas. Non-married couples are not however permitted to adopt children, although people in non-marital relationships can adopt as individuals.
The legal status of same-sex marriage has changed in recent years in numerous jurisdictions around the world. The current trends and consensus of political authorities and religions throughout the world are summarized in this article.
Same-sex parenting is the parenting of children by same-sex couples generally consisting of gays or lesbians who are often in civil partnerships, domestic partnerships, civil unions, or same-sex marriages.
Same-sex marriage has been legal in Florida since January 6, 2015, as a result of a ruling in Brenner v. Scott from the U.S. District Court for the Northern District of Florida. The court ruled the state's same-sex marriage ban unconstitutional on August 21, 2014. The order was stayed temporarily. State attempts at extending the stay failed, with the U.S. Supreme Court denying further extension on December 19, 2014. In addition, a state court ruling in Pareto v. Ruvin allowed same-sex couples to obtain marriage licenses in Miami-Dade County on the afternoon of January 5, 2015. In another state case challenging the state's denial of marriage rights to same-sex couples, a Monroe County court in Huntsman v. Heavilin stayed enforcement of its decision pending appeal and the stay expired on January 6, 2015.
A same-sex relationship is a romantic or sexual relationship between people of the same sex. Same-sex marriage refers to the institutionalized recognition of such relationships in the form of a marriage; civil unions may exist in countries where same-sex marriage does not.
Lesbian, gay, bisexual, and transgender (LGBT) people in Hong Kong may face legal challenges not experienced by non-LGBT residents.
Same-sex marriage has been legally recognized in Wyoming since October 21, 2014. The U.S. state of Wyoming had previously prohibited state recognition of same-sex marriages by statute since 1977 and had enacted a more explicit ban in 2003. An attempt to enact legislation recognizing domestic partnerships as an alternative to marriage for same-sex couples failed in 2013. On October 17, 2014, a federal district court found the state's ban on same-sex marriage unconstitutional. Its ruling took effect on October 21 when state officials notified the court that they would not appeal the decision.
Same-sex marriage has been legally recognized in Nevada since October 9, 2014, when a federal district court judge issued an injunction against Nevada's enforcement of its same-sex marriage ban, acting on order from the Ninth Circuit Court of Appeals. A unanimous three-judge panel of the Ninth Circuit had ruled two days earlier that the state's ban on same-sex marriage was unconstitutional. Same-sex marriage was previously banned by an amendment to the Constitution of Nevada adopted in 2002. The statutory and constitutional bans were repealed in 2017 and 2020, respectively.
Same-sex marriage has been legal in Arizona since October 17, 2014. The U.S. state had denied marriage rights to same-sex couples by statute since 1996 and by an amendment to its State Constitution approved by voters in 2008. On October 17, Judge John W. Sedwick ruled in two lawsuits that Arizona's ban on same-sex marriage was unconstitutional, and enjoined the state from enforcing its ban, effective immediately. Attorney General Tom Horne said the state would not appeal that ruling, and instructed county clerks to comply and issue marriage licenses to same-sex couples.
Concerns regarding same-sex marriage and the family are at the forefront of the controversies over legalization of same-sex marriage. In the United States, about 292,000 children are being raised in the households of same-sex couples. Concern for these children and others to come are the basis for both opposition to and support for marriage for LGBT couples.
The topic of same-sex unions and military service concerns the government treatment or recognition of same-sex unions who may consist of at least one servicemember of a nation's military.
Until 2017, laws related to LGBTQ+ couples adopting children varied by state. Some states granted full adoption rights to same-sex couples, while others banned same-sex adoption or only allowed one partner in a same-sex relationship to adopt the biological child of the other. Despite these rulings, same-sex couples and members of the LGBTQ+ community still face discrimination when attempting to foster children.
The Australian Capital Territory (ACT) is one of Australia's leading jurisdictions with respect to the rights of lesbian, gay, bisexual, and transgender (LGBT) people. The ACT has made a number of reforms to territory law designed to prevent discrimination of LGBT people; it was the only state or territory jurisdiction in Australia to pass a law for same-sex marriage, which was later overturned by the High Court of Australia. The Australian Capital Territory, Victoria, New South Wales and Queensland are the only jurisdictions within Australia to legally ban conversion therapy on children. The ACT's laws also apply to the smaller Jervis Bay Territory.
| Authority control databases: National |
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