For many same-sex couples in Michigan, divorce is not just the end of a marriage—it is the first time the legal system fully examines a relationship that existed long before marriage was legally possible. Assets may have been accumulated, careers built, and children raised years before the law caught up.

While Michigan courts now treat same-sex marriages identically to opposite-sex marriages, that formal equality can mask practical complications. Property acquired before legal marriage, parentage for non-biological parents, and support determinations based on shorter “legal” marriages can all create outcomes that feel disconnected from the lived reality of the relationship.

Understanding how Michigan law applies—and where rigid rules intersect with unique histories—is critical for same-sex couples navigating divorce today.

At Boroja, Bernier & Associates, we help same-sex couples throughout Ingham County, Lansing, and Mid-Michigan navigate divorce with the same dedication we bring to all family law matters. Here’s what you need to know.

Same-Sex Marriage and Divorce Rights in Michigan

The U.S. Supreme Court’s ruling in Obergefell v. Hodges, 576 U.S. 644 (2015), established that same-sex couples have a constitutional right to marry under the Due Process and Equal Protection Clauses of the Fourteenth Amendment. This decision requires all states, including Michigan, to both perform and recognize same-sex marriages on the same terms as opposite-sex marriages.

What this means for divorce is straightforward: if you were legally married, you have the same right to divorce as any other married couple. Michigan courts apply the same laws, the same procedures, and the same standards to same-sex divorces that they apply to all divorces.

Michigan is a no-fault divorce state. Under MCL 552.6, the only ground for divorce is that “there has been a breakdown of the marriage relationship to the extent that the objects of matrimony have been destroyed and there remains no reasonable likelihood that the marriage can be preserved.” This standard applies equally regardless of the spouses’ genders.

Property Division for Same-Sex Couples

Michigan follows equitable distribution principles for dividing marital property. Under MCL 552.19, courts divide property fairly based on the circumstances of each case—not necessarily 50/50, but in a way the court considers just.

Michigan courts apply equitable distribution principles by weighing factors such as:

• the length of the marriage,
• each spouse’s contributions to acquiring and maintaining assets,
• earning capacity, and
• future financial needs.

In same-sex divorces, these factors take on added importance because the legal duration of the marriage may not reflect the true length of the parties’ economic partnership.

For same-sex couples, property division works exactly as it does for any married couple. Assets acquired during the marriage are generally considered marital property subject to division, while assets owned before marriage may be classified as separate property.

However, same-sex couples often face a unique timing issue. Many couples lived together for years or even decades before marriage became legal in Michigan. Assets accumulated during those pre-marriage years may be treated differently than assets acquired after the wedding.

If you purchased a home together before you could legally marry, or if you built retirement savings during a long-term relationship that only became a marriage in 2015 or later, the classification of those assets requires careful analysis. Courts generally consider property acquired during the marriage as marital property, so pre-marriage acquisitions may not automatically be subject to division—even if you contributed equally to them as a couple.

Michigan courts also distinguish between passive appreciation and appreciation driven by marital effort. Even when an asset was acquired before marriage, increases in value attributable to joint decision-making, shared labor, or marital income during the marriage may be treated as marital property. For same-sex couples who operated as a financial unit long before legal marriage was possible, this distinction can significantly affect how assets are classified and divided.

This is one reason many same-sex couples benefit from prenuptial or postnuptial agreements that address property accumulated before legal marriage became available.

Spousal Support Considerations

Spousal support (alimony) in Michigan is determined based on factors including the length of the marriage, each spouse’s ability to work, the standard of living established during the marriage, and each party’s financial needs and resources.

For same-sex couples who were together for many years before legal marriage, courts technically consider only the length of the legal marriage when evaluating spousal support—not the total length of the relationship. A couple together for 20 years but legally married for only 8 might see their support calculated based on the shorter marriage duration.

However, Michigan courts have discretion to consider all relevant circumstances. An experienced attorney can present arguments about the full scope of your relationship and its impact on each spouse’s financial position, career sacrifices, and contributions to the household.

Parenting Rights: The Most Critical Issue

In same-sex divorce, parental rights are often the most consequential—and the most vulnerable—issue. Unlike property disputes, gaps in legal parentage can limit or entirely block custody and parenting-time claims, regardless of the role a parent played in the child’s life.

For same-sex couples with children, establishing and protecting parental rights is often the most important aspect of divorce. Michigan law has evolved significantly in this area, but navigating parentage for non-biological parents still requires attention.

Children Born During Marriage

When a child is born during a marriage, Michigan law presumes both spouses are the child’s legal parents. This presumption applies equally to same-sex couples. If you and your spouse had a child through assisted reproduction during your marriage, both of you are presumed to be parents under Michigan law.

The Assisted Reproduction and Surrogacy Parentage Act

In April 2024, Michigan enacted the Assisted Reproduction and Surrogacy Parentage Act (also known as the Family Protection Act), which took effect in April 2025. This landmark legislation, codified at MCL 722.1701 et seq., provides clear pathways for establishing parentage for children conceived through assisted reproduction.

Under this new law, an intended parent who consents to assisted reproduction is considered a natural parent for all purposes, including under Michigan’s Child Custody Act. The law specifically provides that a parent-child relationship established under the Act applies for all purposes and that such a parent is considered a “natural parent” under MCL 722.21 to MCL 722.31.

The practical significance of this law cannot be overstated. A parent recognized under the Assisted Reproduction and Surrogacy Parentage Act enters divorce on equal legal footing, with the same custody and parenting-time rights as any other parent. Without established parentage, a non-biological parent may face threshold legal barriers before the court ever reaches a best-interest analysis.

This is a significant development for LGBTQ+ families. Previously, non-biological parents often needed to pursue second-parent adoption to secure their parental rights—a process that could be time-consuming and expensive. Now, parentage can be established more directly when a child is conceived through assisted reproduction with the consent of both intended parents.

Second-Parent Adoption

If you did not establish legal parentage at birth, second-parent adoption remains an important option. Michigan allows a spouse to adopt their partner’s child without terminating the other parent’s rights under MCL 710.51. Completing an adoption creates an unquestionable legal parent-child relationship that provides the strongest protection for your parental rights.

If you’re going through divorce and your parental rights have not been formally established through adoption, parentage acknowledgment, or the new assisted reproduction laws, addressing this issue should be a priority.

Custody and Parenting Time

Once parentage is established, Michigan courts apply the same custody standards to same-sex parents as they do to all parents. Under the Child Custody Act, courts determine custody and parenting time based on the child’s best interests, evaluating the 12 factors outlined in MCL 722.23.

These factors include:

• the love and emotional ties between the child and each parent,
• each parent’s capacity to provide love and guidance,
• each parent’s ability to provide food, clothing, and medical care,
• the stability of each proposed custodial environment, and
• the child’s reasonable preference (if the child is old enough to express one).

Notably, Michigan law states that the court shall not consider the race, religion, sex, or national origin of the parties when making custody decisions. Courts focus on what arrangement serves the child’s best interests—not on the parents’ sexual orientation or gender identity.

Protecting Your Rights Before and During Divorce

Same-sex couples can take steps to protect their rights both before divorce becomes necessary and during the divorce process.

Documentation Matters

Keep records of your contributions to the family—financial contributions, caregiving responsibilities, career sacrifices made for the family, and your role in raising any children. This documentation can be valuable in property division and custody proceedings.

Address Parentage Early

If you have children and your parental rights have not been formally established, discuss options with an attorney before filing for divorce. It may be advisable to complete an adoption or establish parentage through available legal mechanisms before the divorce proceeds.

Consider Mediation

Like any divorcing couple, same-sex couples may benefit from mediation to resolve disputes outside of court. Mediation can be particularly valuable when both parties want to maintain a cooperative co-parenting relationship and prefer to keep personal matters private.

Review Estate Planning Documents

Divorce affects estate planning documents like wills, trusts, powers of attorney, and beneficiary designations. As you navigate divorce, review these documents to ensure they reflect your current wishes. This is especially important for same-sex couples who may have created extensive estate planning documents before marriage was legal to protect their interests.

Name Changes in Same-Sex Divorce

Michigan allows either spouse to resume a former name as part of the divorce judgment. If you changed your name when you married and wish to return to your previous name, you can request this in your divorce filing. The court can include this name change in the final judgment of divorce.

Frequently Asked Questions About Same-Sex Divorce in Michigan

Do Michigan courts treat same-sex divorces differently than other divorces?

No. Since Obergefell v. Hodges in 2015, Michigan courts are required to treat same-sex marriages identically to opposite-sex marriages. The same laws governing property division, spousal support, child custody, and parenting time apply to all married couples. Your divorce will proceed through the same process and be evaluated under the same legal standards as any other divorce.

What if we were together for years before we could legally marry?

Michigan courts generally consider only the length of the legal marriage for certain determinations, such as spousal support duration. However, courts have discretion to consider all relevant circumstances. Property acquired before marriage may be classified as separate property rather than marital property, which could significantly impact division. A prenuptial or postnuptial agreement can help clarify how pre-marriage assets should be treated.

How do we handle custody if I’m not my child’s biological parent?

If you have legally established your parental rights through adoption, the new Assisted Reproduction and Surrogacy Parentage Act, or another legal mechanism, you have the same custody rights as any parent. If your parental rights have not been formally established, this should be addressed as a priority—ideally before divorce proceedings begin. An attorney can help you understand your options based on your specific circumstances.

Can my spouse prevent me from seeing our children because I’m not the biological parent?

If you have legally established parental rights, your spouse cannot deny you custody or parenting time based on biology. Michigan courts determine custody based on the child’s best interests, not biological connection. However, if your parental rights were never formally established, you may face challenges. This is why establishing legal parentage is so important for non-biological parents.

What rights does the new Assisted Reproduction and Surrogacy Parentage Act give LGBTQ+ parents?

The law, effective April 2025, allows intended parents who consent to assisted reproduction to be recognized as legal parents without requiring adoption. A person who establishes parentage under this law is considered a “natural parent” for all purposes under Michigan’s Child Custody Act. This provides clearer and more accessible pathways to legal parentage for same-sex couples who have children through IVF, surrogacy, or other assisted reproduction methods.

Should we have a postnuptial agreement given our circumstances?

Many same-sex couples benefit from postnuptial agreements, especially those who accumulated significant assets during years together before marriage was legal. A postnuptial agreement can clarify how pre-marriage property should be treated, document each spouse’s expectations, and reduce conflict if divorce becomes necessary. An attorney can help you determine whether this makes sense for your situation.

Take the Next Step: Protect Your Rights and Your Family

Same-sex divorce in Michigan follows the same legal framework as any divorce—but your circumstances may involve unique considerations, especially regarding children and property accumulated before marriage became legal. Working with an attorney who understands these nuances can help ensure your rights are protected.

At Boroja, Bernier & Associates, we provide compassionate, knowledgeable representation to LGBTQ+ couples throughout Ingham County, Mid-Michigan, and the greater Lansing area. We understand the challenges same-sex couples may face and are committed to helping you navigate divorce with dignity and fairness.

To schedule a consultation with the Michigan family law attorneys at Boroja, Bernier & Associates, call our law offices at (586) 991-7611. With our main office in Shelby Township and satellite offices in Troy, Ann Arbor, and Lansing, we’re here to help protect your family’s future.