LGBTQ divorces in Florida often raise legal questions that do not appear in every case, especially around property acquired before marriage recognition and parental rights. You might be dealing with property built long before your marriage could be recognized, or parenting rights that hinge on biology, adoption, or prior orders. Kofsky Law helps same-sex spouses across Florida move through divorce with clarity and control. Led by Martin Kofsky, we step in early, explain your options plainly, and push for outcomes that protect your children, your finances, and your future.
We take on routine cases, but we are also comfortable in high-conflict and high-net-worth matters. Relocation disputes, business ownership, and prenup or postnup challenges are part of our daily work. If you need a firm that can handle tough dynamics without letting things spiral, we are ready.
Legal Aspects of LGBTQ Divorce in Florida
Florida law treats same-sex divorce the same as any other divorce. After the Supreme Court’s 2015 decision in Obergefell v. Hodges, marriage equality applies nationwide, and so do the rights and duties that come with divorce.
To file in Florida, at least one spouse must live in the state for the six months before filing. The petition is filed in a county where either spouse lives.
Florida uses a no-fault system. You do not have to prove wrongdoing, only that the marriage is irretrievably broken, or that one spouse has been legally adjudicated mentally incapacitated for the required period.
Below is a quick reference covering the basics and the common questions we hear from clients.
| Topic | What it means for you | Notes |
| Residency | One spouse must have lived in Florida for 6 months before filing. | File in a county where either spouse resides. |
| No-fault grounds | No need to prove misconduct. | Stating the marriage is irretrievably broken is enough. |
| Property division | Florida follows equitable distribution. | Courts look at fairness, not a strict 50-50 split. |
| Alimony | Possible based on marriage length, need, and ability to pay. | Recent reforms affect the types and duration of support. |
| Children | Parenting plans focus on the child’s best interests. | Non-biological parents often need adoption or orders on file. |
Equal rights also mean equal responsibilities. Courts apply the same standards to LGBTQ families on property, support, and parenting, with attention to any gaps in paperwork from years when marriage was not available.
With the legal basics set, the next step is building a plan that fits your life and strengthens your position from day one.
How Kofsky Law Assists Clients with LGBTQ Divorce
Comprehensive Guidance and Support
We handle your case from filing through final judgment, and we keep you informed at every step. You get plain-language answers about your rights and obligations, and a plan that matches your goals.
Our support often includes:
- Preparing and filing your petition with accurate, complete information.
- Managing deadlines, disclosures, and required financial documents.
- Coordinating with appraisers, accountants, or child professionals when needed.
- Representing you at hearings, mediation, and trial.
- Drafting clear agreements that avoid future disputes.
If your case turns high-conflict, we stay steady and focused. We address problems early to help protect your time, money, and family stability.
Property often drives disputes in LGBTQ divorce, especially with long relationships that predate marriage equality.
Equitable Distribution of Assets
We identify marital and non-marital assets, then value them properly. That includes real estate, retirement accounts, businesses, and personal property gathered before and after your wedding date.
Common property issues we handle:
- Homes and investment properties, including premarital contributions and passive growth.
- Retirement plans and stock options with mixed marital and non-marital components.
- Businesses or professional practices that require business valuation or a buyout structure.
- Debt allocation, credit use, and reimbursement claims.
Long relationships that began before marriage equality can create tricky classification questions. We present a clean record that helps the court reach a fair result.
Support can be just as important as property, especially where one spouse paused a career or carried most of the childcare.
Alimony and Spousal Support
We review the length of marriage, each spouse’s income and expenses, and the standard of living during the marriage. We also look at education, health, and how long it would take for a spouse to become self-supporting.
Our team builds a financial picture that supports your position, whether you request support or challenge it. We push for terms that are workable and enforceable.
Parenting questions deserve careful attention, and we help you put your child’s needs first.
Child Custody and Support
We help create parenting plans and time-sharing schedules that fit real life. If one parent is not the biological parent, we discuss adoption or court orders that secure rights moving forward.
- Drafting parenting plans with holidays, decision-making, and travel terms.
- Calculating child support under Florida guidelines, including health care and childcare costs.
- Addressing relocation issues and steps needed if a move is requested.
If a dispute involves parentage or prior agreements, we address those issues early and directly. Clear paperwork today avoids heartache tomorrow.
Common Concerns in LGBTQ Divorce
We often see long-term partners with property and savings built before marriage recognition, which can blur lines in a divorce. Child-related questions can feel sensitive, especially where only one parent has a biological tie.
- How to divide assets acquired before legal marriage but during the relationship.
- Protecting a non-biological parent’s role when adoption was not completed.
- Alimony where one spouse reduced work to support the family or a partner’s career.
- Handling high-conflict communication and emergency orders without adding fuel.
There is a path through each of these. The right preparation and a steady legal strategy can make a big difference fast.
Choosing the right law firm matters, especially if your case involves business interests, relocation, or a history of conflict.
Why Choose Kofsky Law for Your LGBTQ Divorce?
Kofsky Law offers responsive, compassionate representation for LGBTQ clients across Florida. You get direct attention from a team that listens, explains, and acts with purpose.
We handle the tough cases that many firms avoid, including high-net-worth divorces, relocations, and disputes involving complex prenuptial or postnuptial agreements. Martin Kofsky blends firm advocacy with practical problem-solving so you can make clear choices about your future.
Our goal is simple: to protect your children, your finances, and your peace of mind. When settlement is smart, we work toward it. When a hearing is necessary, we come prepared.
Ready to talk through your options and get a plan you can trust?
Begin Your Path Forward with Kofsky Law
You do not have to sort this out alone. Feel free to call 561-407-0703 or use our website to schedule a consultation. We welcome your questions, and we are here to help you move forward with clarity and confidence.
