The Complicated Case of Same Sex Divorce

In many states, gay couples can marry. What happens, legally, when they want to split up?

Tuesday, May 26, 2009

A ruling is expected today from the California Supreme Court that will either uphold Proposition 8, the gay marriage ban, or overturn it as unconstitutional. Whatever the California court decides, gay marriage is now legal in Massachusetts, Connecticut, and Iowa, and it will be legal in Vermont and Maine in September. And, inevitably, with marriage comes divorce. As couples and attorneys are learning, same sex divorce is at least as complex and controversial as same sex marriage. Frederick Hertz, an attorney in Oakland California and author of Making it Legal: A Guide to Same-Sex Marriage, Domestic Partnership & Civil Unionsjoins Farai and John with a look at the issue.

"In order to do a private agreement, you have to actually conceive that you might break up, which is something that actually neither straight nor gay couples do a very good job at anticipating."
—Attorney Frederick Hertz on issues surrounding same sex divorce


Frederick Hertz

Hosted by:

Farai Chideya


Nadia Zonis

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