Same-Sex Marriage in North Carolina
Same-sex marriage is fully legal in North Carolina, and the same family law rules apply to every married couple regardless of gender.
How North Carolina’s Law Changed
It wasn’t always this way. In 2012, North Carolina voters approved a state constitutional amendment (commonly known as Amendment One) that limited marriage to one man and one woman and barred recognition of same-sex marriages performed elsewhere. The Obergefell ruling invalidated that amendment, along with similar bans in other states. North Carolina has issued marriage licenses to same-sex couples and recognized same-sex marriages ever since.
Family Law Applies Equally
For same-sex spouses, North Carolina family law now applies in exactly the same way it does to any other married couple.
Divorce & Separation
The same rules govern divorce, separation, and equitable distribution of marital property for same-sex couples as for any married couple.
Support & Custody
Alimony, spousal support, and child custody and support follow the same standards regardless of the spouses’ genders when a same-sex marriage ends.
The same legal protections also apply to adoption by same-sex parents. Couples who are engaged or newly married may still want to consider a prenuptial agreement to clarify how property, debt, and support would be handled in the event of a divorce, the same planning any couple might consider, regardless of gender.
Common Questions
Is same-sex marriage legal in North Carolina?
Yes. Same-sex marriage has been fully legal in North Carolina since the U.S. Supreme Court’s 2015 decision in Obergefell v. Hodges, and it remains settled law today.
Does North Carolina family law treat same-sex couples differently in a divorce?
No. The same rules for divorce, equitable distribution, alimony, and child custody and support apply to same-sex couples as to any other married couple.
Should same-sex couples consider a prenuptial agreement?
It’s worth considering for the same reasons any couple might, to clarify how property, debt, and support would be handled if the marriage ends.
Questions About Marriage or Divorce?
Our family law attorneys are here to help, whatever your marriage looks like.