The Unanswered Question of Retroactivity in a Same-Sex Couple’s Divorce

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When the Supreme Court ruled that same-sex marriages must be recognized in every state, another door opened for LGBT couples—the ability to legally divorce. But one thing not solved by Obergefell v. Hodges was how to treat assets that were held and transactions that occurred before the June 26, 2015, ruling. This presents a challenge for divorce professionals creating a financial settlement. In splitting up assets, what exactly can be included and when can they be included or excluded?


Dan Serra

CFP®, MS, CDFA®, ADPA

As an Accredited Domestic Partnership Advisor (ADPA) in Bethesda, MD, Dan specializes in guiding LGBT families with their finances. He also is qualified as a financial mediator and neutral in the collaborative divorce process.

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