When Complex Divorce And Family Law Matters Must Be Handled Right, People Turn To Us

When Complex Divorce And Family Law Matters Simply Must Be Handled Right, People Turn To Us

Unique Divorce Issues Facing LGBTQ+ Couples

Last updated on May 19, 2026

Every couple who breaks up experiences emotional upset, anxiety about the future and strong feelings about who should keep what. When children are part of a relationship, there may be very valid reasons for one parent to want a specific parenting plan.

At Taege Law Offices, we are family law attorneys who understand divorce and what it takes to come to a successful resolution. As experienced attorneys who build relationships with our clients, we also understand you need honest and reliable advice.

Issues Illinois LGBTQ+ Couples Must Resolve In Divorce

In any divorce, there are many issues to unravel and resolve. These include marital finances, abuse, neglect, manipulation, mental health issues and addiction. Couples also must contend with the emotional fallout that comes with the breakdown and loss of an intimate, primary relationship.

Because same-sex marriages were not legal until 2013, even though a couple may have been exclusive and living together for years before the marriage, those years do not “count” as years married. Many of the assets that were shared may be assessed as individual assets, not marital assets. The number of years a couple has been married also affects:

Alimony payments
How retirement funds and pensions are allocated
How military, Social Security and governmental employee benefits are divided
Who pays how much of the couple’s state and federal taxes
How debts are divided

The property division questions that come with this history are complex and require careful legal analysis.

How Is Property Divided In A Chicago Same-Sex Divorce?

Illinois law divides marital property equitably, though not always equally. For any couple who lived together for years before legally marrying, sorting out marital versus nonmarital property takes careful analysis. Because same-sex couples in Illinois could not legally marry until 2014, that cohabitation period is often significant, and untangling those shared assets creates real challenges, including:

Joint bank accounts opened before the legal marriage date
Home equity built before 2014
Business interests that grew during the years of cohabitation
Retirement or pension contributions that span both the cohabitation period and the marriage
Commingled funds that blur the line between personal and shared assets

Business valuation adds another layer of complexity to this type of divorce. When a business grows across both the cohabitation period and the marriage, separating its premarital value from what accumulated after the legal marriage date is a detailed and often contested process. Our attorneys work to ensure every asset receives a fair and thorough accounting.

Child Custody And Parental Rights In An LGBTQ+ Divorce

In Illinois, same-sex couples follow the same legal standards as opposite-sex couples during a divorce. Courts determine the allocation of parental responsibilities, which covers decision-making, and parenting time, which covers a child’s schedule with each parent. Both decisions center on the child’s best interests, and a parent’s gender or sexual orientation does not change these standards.

Nonbiological parents often fear losing parenting time or having their role reduced during a divorce. Illinois law presumes that a spouse is a legal parent of any child born or adopted during the marriage, but children born before the marriage may require additional steps to establish parental rights.

Securing a second-parent adoption or ensuring your name appears on the birth certificate strengthens your legal standing considerably. We strongly advise all nonbiological parents to take this step before a divorce becomes a possibility, as it provides the strongest legal protection.

Get Help From The Proven Chicago Divorce Team

The experienced divorce attorneys at Taege Law Offices are here to help families with diverse needs. Meet with our team to find out which steps to take next. We offer a free, fully confidential initial consultation at our conveniently located downtown Chicago office or virtually. We represent clients throughout the greater Chicago area. Call us at 312-667-7706 or send us a message to get started.