One crucial distinction in same-sex and “usual” divorce is why courts may even see or view the assets are “marital” and which don't seem to be. Under American law, all assets handled by both parties are deemed “marital”, irrespective of when the assets were acquired, and are therefore subject to marital division. As a practical matter, however, the courts have long focused on when assets were obtained when assessing how assets are divided in an exceedingly divorce.
Courts are just likely to look at assets acquired before the wedding as subjected to division. Fourteen years have passed since LGBT marriage was legalized in America. With the years passing by, fewer and fewer LGBT divorce cases in America involve scenarios during which a court must determine a way to divide property that was acquired prior to the time the couple was legalized.
