As divorce among those in their 50s and older (known by the less-than-complimentary name "gray divorce") has become more common, so has "gay gray divorce." Gay Baby Boomers and seniors aren't divorcing at the same rate as straight couples. However, as same-sex marriage increasingly became legal throughout the country and finally in every state, with the 2015 Obergefell v. Hodges Supreme Court decision, it only makes sense that the number of married gay couples calling it quits would rise.

State laws regarding same-sex divorce haven't all caught up with the marriage laws. That's why it's essential to have attorneys who have experience handling same-sex family law issues, including divorce, and who are well-versed in the applicable state laws.

Dividing Assets and Debts

Many couples who divorce later in life have a significant number of assets and debts that need to be divided. One spouse may also require spousal support for a time until he or she can be financially independent. However, these issues may be more complicated for same-sex couples than heterosexual ones because they are more likely to have been in a committed relationship long before they were able to marry -- often for decades. Therefore, they may have acquired most of their assets and debt prior to their marriage.

Spousal Support

Determination of spousal support can be more complicated as well for longtime couples. The length of the marriage is generally a factor in a court's determination of the amount and duration of spousal support. However, what if one partner gave up a full-time career to care for the couple's children long before they married and has been out of the workforce for many years? Support based on the length of the marriage rather the entirety of the relationship may be woefully inadequate for maintaining a standard of living close to what the couple had together.

Some of these issues can be mitigated for any couple who has been together for a long time before tying the knot if they get a prenuptial agreement. This can help codify exactly what will be considered individual versus marital property, how debt will be divided and the amount of spousal support. Whether you're just starting your life together as a married couple or ending it, sound legal advice is essential.