Gender in the Context of Same‐Sex Divorce and Relationship Dissolution

Abstract

This article identifies ways that judges, lawyers, researchers, and policy makers may attend to the role of gender and gender dynamics facing same‐sex couples upon divorce or other relationship dissolution. When same‐sex couples marry, the legal system and society at large may project conceptions of gender onto same‐sex couples, often in a manner that conflicts with couples' intentions and practices. Gender and gender dynamics may affect the bases for dissolution, the financial aspects of dissolution, and the determination of child custody. The article also suggests directions for future research on the impact of gender on the dissolution of same‐sex relationships.

Intimate partner violence in the LGBTQ+ community: Implications for family court professionals

“…Unsurprisingly, a qualitative study of 19 North American parenting plan evaluators (Rassti, 2012) found that, while 68% had conducted evaluations involving gay or lesbian parents, only 58% reported having any training (including self‐directed learning) on LGB issues and only one evaluator had formal graduate training on LGB issues. FCR has published several other pieces regarding LGBTQ+ partnerships in recent years that can inform practitioners' work with these families (e.g., Kim & Stein, 2018; Moalemi, 2018). We hope family court practitioners have accessed more of the available resources in recent years, but research has not yet confirmed improvements in this area.…”

“…Court officers and related professionals may explicitly or implicitly expect queer people to fit into heteronormative nuclear family narratives (Kim & Stein, 2018). The expectations of a caregiver and a breadwinner, a feminine partner and a masculine partner, and other binary, gendered roles may not apply to queer families, who tend to divide household and parenting responsibilities differently (Goldberg & Sweeney, 2019; Khor, 2007).…”

Feedback Between Psychological Science and Policy in the Context of Same-Sex Couples

“…Legally, divorce for same-sex couples is also potentially puzzling. Although law may now disentangle marriage from gender, law may not do the same with regard to divorce (Kim & Stein, 2018). Many same-sex couples' norms may clash with divorce law.…”

“…For example, though many male same-sex couples are not sexually exclusive and have agreed-upon guidelines for this nonmonogamy, courts may not recognize this. Consequently, courts may allow "adultery" to serve as a grounds for divorce, as has happened in mixed-sex marriages, and differentially apportion resources based on who was "at fault" (Kim & Stein, 2018). Division of assets is another area where the norms of same-sex couples may clash with general assumptions in mixed-sex couples.…”