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New York Same-Sex Divorce

Gay & Lesbian Divorce in New York City

On July 24th, 2011, New York became the sixth state in the nation to allow same-sex marriage with the passing of the Marriage Equality Act. New York State, and now the rest of the United States, acknowledges same-sex marriage as a legitimate legal union and provides gay and lesbian couples with the same rights as heterosexual married couples. With the development of gay marriage came another legal issue, though: same-sex divorce and separation.

Same-sex couples facing divorce will need to address common divorce issues, such as:

Property Rights, Financial Rights, and Custodial Rights

Same-sex couples face the same divorce challenges as heterosexual couples, but the legalities surrounding these issues can be significantly more complicated. Child custody, spousal maintenance, property division, and other divorce-related problems may become very complex during the same-sex divorce process. For this reason, it is highly recommended that you choose an attorney with experience – like the ones you will find at Eiges & Orgel, PLLC.

How Can Eiges & Orgel, PLLC Help You?

Child Custody - About 25% of gay and lesbian couples across the nation raise children. Same-sex child custody is governed by the same laws that govern traditional child custody. If the child was adopted or born into the marriage through in-vitro fertilization, the state will probably recognize both spouses as legal parents. If the child was brought into the marriage by one spouse from a previous relationship, though, child custody could become very difficult.

Property Division – Although New York law governs same-sex marriage and divorce, these laws do not oversee all facets of property and asset division. Common problems include: dividing pensions, dividing 401(k)s, and dealing with federal tax complications. For example, heterosexual couples may divide a retirement account or pension without prompting early withdrawal fees or taxes. Gay & lesbian couples do not have this privilege. Similarly, heterosexual couples can avoid capital gains taxes when they exchange property; same-sex couples cannot avoid these expenses.

Spousal Support – Just like straight couples, gay & lesbian couples may establish spousal support payments when they terminate their marriages. However, alimony can be financially detrimental because it is not tax deductible, according to federal law. Like property division, alimony payments will be perceived as a gift or capital gain by the federal government, making support payments subject to federal taxes. A legal representative can help you avoid financial pitfalls.

Contact Our Firm for Experienced Legal Guidance


Choosing a NYC divorce lawyer is an investment in your future. You need an attorney that knows and understands the intricacies of the law. The divorce attorneys of Eiges & Orgel, PLLC have the experience you need to protect your interests.

Same-sex divorce in New York is, emotionally speaking, the same as straight divorce. The legal side of gay & lesbian divorce can be more complicated than straight divorce, though. Because of this, same-sex couples need a lawyer who is prepared to help them negotiate the tedious legal proceeding surrounding their separation. At Eiges & Orgel, PLLC, we help same-sex couples establish spousal support, arrange child custody, and divide their property and assets.

Our team is passionate about helping our clients through tough legal battles and we believe that everyone is entitled to the best legal representation they can obtain – even if their divorce settlement is subject to additional taxes and complications. Let our team of lawyers help you obtain a fair divorce agreement.

Contact our office today  for the caring and compassionate legal guidance you deserve.

What Makes Us the Right Choice

  • AVVO Ranked Superb & "Clients' Choice" Winner
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  • Resolved Over 3,000 Divorce Cases
  • Two Attorneys Named to Super Lawyers

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    • “I am happy that I retained Attorney Eiges to work on my divorce that was finally settled last month.” - Abbey
    • “My advise to anyone in a desperate situation, call this lawyer as soon as you can. You will be very glad you did.” - Former Client
    • “Thankfully I met Mr. Eiges and from that moment on everything was handled better than I could have imagined.” - Fernanda

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