The Role of Gender and Gender Dynamics in Same-Sex Divorce and Dissolution

Abstract

This chapter identifies ways researchers, policymakers, therapists, lawyers, and couples should attend to the role of gender and gender dynamics facing same-sex couples upon divorce or relationship dissolution. When same-sex couples marry, gender roles associated with a particular vision of different-sex couples—in reference to which the legal institution of marriage developed historically—may be projected onto same-sex couples both socially and by judges adjudicating their relationship dissolutions, often in a manner conflicting with couples’ intentions and practices. Thus, couples consisting of two men and couples consisting of two women may be differentially affected. Gender and gender dynamics are likely to affect the bases for dissolution (e.g., whether one of the spouses committed adultery or whether there is a basis for annulment); the financial aspects of dissolution; and determination of child custody. The chapter suggests directions for future research regarding the impact of gender on the dissolution of same-sex relationships.