Same-sex couples in Wyoming have the same legal rights to marry and divorce as opposite-sex couples following the 2015 Supreme Court decision in Obergefell v. Hodges. However, LGBT divorces in Wyoming can involve unique considerations related to parental rights, property division, and the recognition of relationships that began before marriage equality. Whether you're a same-sex couple considering divorce or trying to understand your legal rights, this guide explains how Wyoming law applies to LGBT divorces and what special issues may arise.
What are the legal rights of same-sex couples divorcing in Wyoming?
Since the Obergefell v. Hodges decision in June 2015, same-sex marriage has been legal nationwide, including in Wyoming. This means LGBT couples have exactly the same rights and obligations in divorce as opposite-sex couples.
Marriage equality timeline in Wyoming
Before June 2015, Wyoming did not recognize same-sex marriages. The state's journey to marriage equality included:
October 2014
A federal district court struck down Wyoming's same-sex marriage ban, making same-sex marriage legal in Wyoming for the first time.
June 2015
The Supreme Court's Obergefell v. Hodges decision guaranteed marriage equality nationwide, permanently establishing same-sex couples' right to marry and have those marriages recognized in all states.
This timeline matters for divorce purposes because it affects how courts treat relationships, property acquired before legal marriage, and parental rights established at different times.
Equal treatment under Wyoming divorce law
Wyoming family courts must treat same-sex divorces identically to opposite-sex divorces. This means:
- Residency requirements are the same: At least one spouse must have lived in Wyoming for 60 days before filing for divorce.
- Grounds for divorce are identical: Wyoming allows no-fault divorce based on irreconcilable differences or fault-based divorce for incurable insanity.
- Property division follows the same equitable distribution principles regardless of the couple's gender.
- Spousal support (alimony) is available to either spouse based on need and ability to pay, not gender.
- The divorce process follows the same procedures, timelines, and requirements for all couples.
What unique challenges do LGBT couples face in Wyoming divorces?
While the law treats all divorces equally, same-sex couples may encounter specific complications that opposite-sex couples typically don't face.
Determining the length of marriage
Wyoming uses marriage length to determine property division and spousal support. For same-sex couples who were together for years before marriage became legal, this creates challenges.
The legal marriage date is what counts for court purposes. If a same-sex couple had a commitment ceremony in 2008 but couldn't legally marry until 2015, the court considers the marriage to have begun in 2015, only seven years, even if the relationship lasted much longer.
For property division, Wyoming courts consider marriage when dividing assets. Longer marriages typically result in more equal property splits. A couple together for 15 years but legally married for only 5 years may receive less favorable property division than their relationship history would suggest.
For spousal support, longer marriages are more likely to result in permanent or long-term alimony awards. A short marriage can limit alimony, even when one spouse supported the other for many years before the marriage became legal.
Possible solutions
Present evidence of your long-term committed relationship to show you functioned as a married couple before it was legally possible. Provide documentation like joint bank accounts, shared property purchases, domestic partnership agreements, commitment ceremony records, and testimony from friends and family. Some judges may consider this context when making equitable decisions, though they're not required to treat pre-marriage time as legally married time.
Property acquired before marriage
Wyoming distinguishes between marital property (acquired during marriage) and separate property (acquired before marriage). For same-sex couples who built assets together before marriage was legal, this distinction creates problems.
Example
Two women bought a house together in 2010, both contributing to the down payment and mortgage. They legally married in 2015 and are divorcing in 2026. Technically, the house was acquired before marriage, making it potentially separate property, even though both partners contributed equally for 16 years.
Potential approaches
Courts may consider evidence that both partners intended the property to be jointly owned and contributed to it throughout the relationship. Documentation like joint mortgage applications, both names on the deed, and equal financial contributions can help establish that the property should be treated as marital even if acquired before legal marriage. Some couples created domestic partnership agreements or cohabitation agreements before marriage that documented their intent to share property; these agreements can be powerful evidence in divorce proceedings.
Parental rights and child custody
Parental rights issues can be particularly complex for same-sex couples, especially when children were born or adopted before marriage equality.
Non-biological parents without legal adoption
In many same-sex relationships, one partner is the biological or adoptive parent, while the other helped raise the child but never completed a legal adoption. Before marriage equality, second-parent adoption wasn't always available in Wyoming. No,w in divorce, the non-legal parent may have no automatic parental rights despite years of functioning as a parent.
Wyoming's approach
Wyoming law recognizes the "psychological parent" doctrine in some circumstances, which can grant parental rights to someone who isn't a biological or adoptive parent if they've acted as a parent with the legal parent's consent and formed a bonded relationship with the child. However, this isn't guaranteed, and the legal parent may have stronger rights.
Protecting parental rights
If you're in a same-sex relationship with children and haven't completed a second-parent adoption, do so immediately, even if your relationship is stable. This is the only way to ensure full legal parental rights. For divorcing couples where one parent lacks legal status, hire an experienced family law attorney who understands LGBT family law and can argue for parental rights based on psychological parent status or other legal theories.
Children conceived through assisted reproduction
Same-sex couples often use assisted reproductive technology (sperm donors, egg donors, surrogates) to have children. Divorce raises questions about parental rights and obligations.
Known vs. anonymous donors
If you used an anonymous sperm or egg donor through a licensed clinic, the donor has no parental rights, and both legal parents (if properly established) have full rights and obligations. If you used a known donor (a friend who provided sperm, for example), that person might try to claim parental rights during divorce proceedings, especially if no legal documents established they were waiving parental rights.
Both mothers listed onthe birth certificate
When two women are married, and one gives birth, Wyoming allows both to be listed on the birth certificate as parents. This establishes legal parentage for both. However, if you weren't married when the child was born, only the birth mother may be listed, creating potential custody problems in divorce.
Surrogacy situations
If you used a surrogate to have children, ensure all legal parentage was properly established through court orders. Surrogacy agreements aren't automatically enforceable in all situations, and divorce can complicate these arrangements if parental rights weren't clearly established.
Retirement accounts and pensions
Same-sex couples who were together for years before marriage may have pension and retirement account complications.
Survivor benefits
Many employer pension plans provide survivor benefits to spouses. If a same-sex couple were together for 20 years but only legally married for 5, the non-employee spouse may only receive survivor benefits based on the 5-year legal marriage, not the full 20-year relationship.
QDRO complications
When dividing retirement accounts in divorce, courts issue a Qualified Domestic Relations Order (QDRO). For same-sex couples, determining what portion of retirement accounts is "marital property" can be complicated if the couple was together long before marriage was legal. The employee spouse may argue that only retirement funds accumulated during legal marriage should be split, while the non-employee spouse may argue that the entire period of the relationship should count.
Social Security benefits
Social Security spousal and survivor benefits are based on legal marriage. Same-sex couples who married later in life may receive reduced benefits compared to opposite-sex couples married the same number of years, simply because they couldn't legally marry earlier.
How does Wyoming handle same-sex divorce with children?
Child custody, visitation, and support in same-sex divorces follow the same legal principles as opposite-sex divorces, but with some unique considerations.
Establishing legal parentage
The most critical issue in LGBT divorces with children is establishing legal parentage for both parents.
When both parents have legal rights
If both parents are legal parents (through birth, adoption, or being married when the child was born), Wyoming treats custody exactly like any other divorce. The court determines custody based on the child's best interests, considering factors such as each parent's relationship with the child, ability to provide care, stability of the living situation, and the child's preferences (if old enough).
When only one parent has legal rights
If only one parent has legal parental status, that parent technically has superior rights. However, Wyoming courts may grant custody or visitation to the non-legal parent based on the psychological parent doctrine if the non-legal parent can prove they acted as a parent with the legal parent's consent, have a bonded relationship with the child, and that maintaining that relationship serves the child's best interests.
Interstate custody complications
If you and your spouse live in different states during divorce proceedings, or if one parent wants to move to another state after divorce, interstate custody issues can arise.
Wyoming participates in the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which determines which state has jurisdiction over custody matters. Generally, the child's "home state" (where they've lived for the past six months) has jurisdiction. For same-sex couples, ensure both parents are legally recognized in any state where custody proceedings might occur, as some states remain less friendly to LGBT families despite federal law.
What happens during property division in LGBT divorces?
Wyoming uses equitable distribution for dividing marital property in divorce. While the law applies equally to all couples, same-sex couples may face unique property division challenges.
Defining marital vs. separate property
Wyoming distinguishes between marital property (acquired during marriage, divided equitably) and separate property (owned before marriage or received as a gift or inheritance, kept by the original owner).
For same-sex couples
Property acquired during the years you were together but before marriage was legal is technically separate property. However, courts have discretion to consider the circumstances and may treat jointly-purchased or jointly-improved property as marital property even if acquired before legal marriage.
Provide documentation showing both partners contributed financially to the property purchased before marriage. Present evidence that you intended to share ownership equally. Consider how property was titled (joint tenancy, tenants in common, etc.) as evidence of intent.
Real estate and homes
Home ownership is often complicated for same-sex couples who bought property together before marriage was legal.
Both names on the deed
If both partners are on the deed, you both have ownership rights. During a divorce, the court will determine how to divide this property equitably, considering who paid for it, who maintained it, and other factors.
Only one name on the deed
If only one partner is on the deed (perhaps because of employment requirements, credit scores, or before the relationship was serious), the other partner may claim an equitable interest based on contributions to the mortgage, improvements, or maintenance. This requires proving financial contribution and intent to share ownership.
Inherited property
If one partner inherited a home before marriage, it's typically separate property. However, if the other partner contributed to mortgage payments or improvements during the relationship, they may have a claim to the increased value.
Business interests
Same-sex couples who built businesses together before marriage face challenges in divorce.
Business ownership
If you started a business together before marriage was legal, document each partner's contributions of time, money, and expertise. The business may be treated as jointly owned even if only one partner is the legal owner, depending on the circumstances.
Valuation
Business valuation in divorce can be complex. Hire a professional business valuator to determine fair market value, and present evidence of each partner's contributions to the business's success.
Retirement accounts and benefits
Dividing retirement accounts accumulated before legal marriage can be contentious.
401(k)s and IRAs
Wyoming courts typically divide retirement accounts accumulated during marriage using a Qualified Domestic Relations Order (QDRO). For accounts built up before marriage, document your relationship timeline and argue that contributions during your committed relationship (even before legal marriage) should be treated equitably.
Pensions
Pension division can be especially complicated if one partner worked for years while the other stayed home or earned less to support the family before marriage was legal. Courts have discretion to consider the full relationship when making equitable decisions.
How does spousal support work in LGBT divorces?
Spousal support (alimony) is available in Wyoming divorces regardless of the couple's gender. However, same-sex couples face unique challenges due to delayed marriage recognition.
Qualifying for spousal support
Wyoming courts award spousal support based on need and ability to pay, considering factors like marriage length, each spouse's earning capacity, age, health, and contributions to the marriage.
- Marriage length problem: Because courts officially count marriage length from the legal marriage date, same-sex couples who were together for many years before marriage may qualify for less support than their actual relationship length would warrant.
- Arguing for consideration of full relationship: Present evidence of your long-term committed relationship, showing one partner may have sacrificed career opportunities, education, or earning potential to support the other even before marriage was legal. While courts aren't required to count pre-marriage years as "marriage," they can consider the full context when determining what's equitable.
Tax implications
Under current federal tax law (Tax Cuts and Jobs Act of 2017), spousal support payments for divorces finalized after December 31, 2018, are not tax-deductible for the payer and not taxable income for the recipient. This applies equally to all divorces.
What legal protections should LGBT couples consider?
Same-sex couples in Wyoming, both those currently married and those considering marriage, should take specific legal steps to protect their rights.
Before marriage or early in marriage
If you have children or plan to have children, the non-biological parent should complete a second-parent adoption to establish full legal parental rights. Don't assume that being married when the child is born automatically protects both parents' rights.
Estate planning documents
Create wills, powers of attorney, healthcare directives, and other documents that clearly establish your wishes and your partner's authority. While marriage provides some automatic rights, additional documentation strengthens your position.
Property ownership agreements
When purchasing significant assets jointly, consider written agreements that document both partners' financial contributions and ownership intentions, especially if you can't both be on the title or deed.
Cohabitation or partnership agreements
If you lived together before marriage, consider creating an agreement documenting your intentions about property, support obligations, and other matters during that pre-marriage period. While not guaranteed to be enforceable, these can provide evidence in divorce proceedings.
Where can LGBT couples get help with divorce in Wyoming?
Wyoming State Bar: The Wyoming State Bar offers a lawyer referral service. Request an attorney with experience in LGBT family law issues.
Legal Aid of Wyoming: Provides free legal services to qualifying low-income individuals, including help with divorce matters. Visit wyominglaw.org or call (307) 721-8470.
National organizations: The National Center for Lesbian Rights (NCLR) and Lambda Legal provide resources and information about LGBT family law, though they may not provide direct representation in Wyoming cases.
Counseling and support
LGBT organizations in Wyoming: Wyoming Equality and other LGBT advocacy groups can connect you with supportive resources and communities.
Family counseling: Consider working with a family therapist experienced in LGBT family issues to help navigate the emotional aspects of divorce, especially when children are involved.
Support groups: Online and in-person support groups for divorcing LGBT parents can provide emotional support and practical advice from others who've been through similar experiences.
LGBT divorces in Wyoming are legally identical to opposite-sex divorces, but same-sex couples may face unique challenges related to relationship length recognition, property acquired before marriage equality, and parental rights for non-biological parents. By understanding these potential complications, documenting your relationship thoroughly, establishing legal parental rights for all parents, and working with experienced legal counsel, same-sex couples can protect their rights and achieve fair outcomes in divorce. While marriage equality is now the law of the land, the legacy of delayed recognition means LGBT couples divorcing in Wyoming must often work harder to ensure courts understand the full context of their relationships and families.