Same-Sex Divorce in Thailand: What Happens to Shared Assets, Property Rights, and Legal Responsibilities After Separation?

Thailand made a historic move by passing the Marriage Equality Law, allowing same-sex couples to legally marry and enjoy the same rights and responsibilities as heterosexual couples. But as the legal landscape expands, so do important questions—particularly what happens when a legally married same-sex couple decides to divorce. Let’s explore how marital property and assets are divided under Thai law and what same-sex couples should know to protect their rights during separation.

Legal Recognition of Same-Sex Marriage

With the passing of Thailand’s Marriage Equality Law, same-sex couples can now register their marriage with district offices, gaining all legal privileges of spouses. This includes the right to make medical decisions, inherit assets, adopt children, and—yes—file for divorce. Legally, same-sex marriages are now governed under the Civil and Commercial Code, just like heterosexual marriages. This means divorce and the division of assets follow the same legal framework for all couples.

What Counts as Marital Property?

Under Thai law, “marital property” (called “sin somros”) includes:

• Income earned by either spouse during the marriage
• Property bought during the marriage
• Houses, cars, or assets acquired together
• Profits generated from personal assets (e.g., interest or dividends)

On the other hand, “personal property” includes items owned before marriage, gifts or inheritances received individually, and certain awards or compensation.

How Are Assets Divided After Divorce?

If a couple divorces, all marital property must be divided equally—50:50—unless they have a prenuptial agreement or other legally binding contract that specifies otherwise. This applies to real estate, bank accounts, vehicles, businesses, and even digital assets acquired during the marriage. If there's disagreement, either party may file a lawsuit to request a court ruling on how to fairly divide the property.

What About Debts?

Thai law also addresses “marital debts,” meaning debts incurred during the marriage for family-related purposes. These may include:

• Home loans
• Joint business loans
• Debts for family education or medical expenses

After divorce, each party is typically responsible for half of these debts. Personal debts—such as gambling or unauthorized loans—are solely the responsibility of the person who incurred them.

Why a Prenuptial Agreement Matters

A prenuptial agreement is not just for the wealthy. It’s a useful legal tool for any couple—same-sex or opposite-sex—that wishes to outline how assets and debts will be handled in the event of divorce. Such agreements can help minimize emotional stress and prevent legal disputes. In Thailand, a prenup must be made before the marriage is registered and officially recorded at the district office.

Children and Parental Rights

For same-sex couples with children, the issue of parental custody becomes complex. If the child is biologically related to only one spouse, or adopted by one, the other partner may need to petition the court for joint custody rights. Thai courts usually decide custody based on the best interest of the child, regardless of the parents’ gender.

As family law continues to evolve, legal clarity on same-sex parental rights will become increasingly necessary.

Final Thoughts Marriage equality means legal equality—including in divorce. Same-sex couples in Thailand now have access to the same protections and responsibilities as anyone else. Understanding the rules around property division, debts, and legal agreements can help all couples navigate separation more fairly and peacefully.

It may not be romantic to talk about divorce, but planning ahead is a wise and respectful way to protect both partners—especially in relationships built on equality.