I just finished my first same sex divorce that actually went the distance and went to final trial.
The only thing unusual about the case were the issues one of the spouses was making.
The parties were married 4 years but in a relationship for 20. The opponent spouse sought an equitable distribution of all assets obtained during the 20 year “cohabitation period” and sought to distribute all of of her debt (including student loans) incurred during the cohabitation period based on theories such as “joint venture”, “implied contract” and “oral cohabitation agreement”.
My argument at closings was simple. What if this were not a same sex marriage? What chaos would this set in future divorces? Plus, the law was squarely on my side.
PRACTICE TIP: There is a new case you should know about that gives validity to oral cohabitation agreements. See Armao v. McKenney, — So.3d —-, 2017 WL 1718827 (Fla. 4th DCA 2017). However, it only applies to unmarried cohabitants.
In addition, section 61.079, Florida Statutes requires all premarital agreements to be in writing.
Be mindful, the rules of matrimonial law apply regardless if it is a same sex marriage or not. If you forget, don’t be surprised if you are zapped with Rosen fees!
If you are interested in the details, the read the final judgment here.