New data gathered from the latest census and the Center for Disease Control's National Vital Statistics System reveal that states that perform or recognize same-sex marriage have lower divorce rates for all couples compared to states that do not recognize or ban same-sex marriage.
Five of the ten states with the lowest divorce rates are among the eight states that perform or recognize same-sex marriage. In 2009, the divorce rate for these states was 41.2 percent, compared with 50.3 percent in states without same-sex marriage. That rate increases to 53.2 percent if one does not include Nevada, which has a significantly lower divorce rate than most states due to the marriages performed for out-of-state couples in Las Vegas. These numbers also do not include Vermont or Iowa divorce rates, since these states allowed or recognized same-sex marriage after 2009.
Data analysts are not sure why the correlation between performing and recognizing same-sex marriage and a lower divorce rate exists, but one theory is that the residents of these states also tend to marry later and obtain higher levels of education than their counterparts in other states. For example, eight of the ten states with the highest male marrying age also perform or recognize same-sex marriage. Studies have shown that higher levels of education and older marrying age contribute to more successful marriages.
Massachusetts is one state that performs same-sex marriage and also enjoys a low divorce rate. Between 2004 (the year same-sex marriage became legal in the Bay State) and 2009, the divorce rate has remained relatively constant, with 2.2 divorces for every 1,000 people.
Unfortunately, some marriages-both same-sex and heterosexual-end in divorce. Though the divorce process for both types of couples is similar, divorce between same-sex partners is often complicated by the fact that some states never recognized the union in the first place, and may not afford the couple all their spousal rights in the divorce process.
Hiring an experienced family law attorney can help divorcing same-sex couples understand and better protect their rights.
