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Nuanced financial issues in same-sex divorce

On Behalf of | Mar 1, 2023 | Divorce

Divorce is never easy under the best of circumstances, but same-sex couples face unique issues when dealing with the legal process.

Consider some of these standard divorce conditions. How are they sometimes more complex for same-sex couples?

Determining spousal support

There is a commonality among most of the issues same-sex married couples face in divorce proceedings, and that is how the partnership existed before marriage between people of the same sex became lawful. This can be a challenge when determining the matter of alimony spousal support.

Dividing property and debt

The same issue arises around the question of property and debt division. New Jersey is an equitable division state, meaning the division of assets and debts is not always equal, but it is fair. A common complication for same-sex couples is how to determine what the law considers marital and non-marital property.

Marital property is anything accumulated during the course of the marriage, and non-marital property belonged to one spouse prior to marriage. Many same-sex couples lived together in the same capacity as a married couple before their marriage became legal.

Deciding what to do with a shared residence

Many couples bought homes together before same-sex marriage become legal as well. For this reason, the question of who gets the home or how to divide the home can be a challenge. This same issue can also arise around other types of property.

Sometimes, couples must go through further legal proceedings to resolve complex financial issues, especially when the couple has an asset or debt-heavy portfolio.


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