Same-sex marriage is still a relatively new legal phenomenon. New Jersey actually adopted rules protecting same-sex couples well before the rest of the nation followed suit. For years before same-sex marriage was federally legal, New Jersey recognized civil unions.
Registering a civil union with the state made same-sex couples eligible for some of the same benefits as marriage, but not all of them. Quite a few couples that previously registered civil unions in New Jersey upgraded their legal status by getting legally married, once doing so was an option. Some of those couples may eventually decide to divorce. Those couples may face a much more complex legal process than those who have only ever been married.
Prior commitments can complicate financial matters
Same-sex couples with shared children often take specific steps to clarify their legal rights and protect their families. However, financial matters may not receive the same attention from couples while their marriages are still in good standing.
Once they decide that they need to divorce, complications can quickly come to light. The marital estate that is subject to equitable distribution standards may actually be much more extensive due to the prior civil union.
While New Jersey does not recognize common law marriages or treat property as shared simply due to cohabitation that predated a legal marriage, a civil union could have implications for property division proceedings. That prior commitment made between the now-divorcing spouses could also influence financial support determinations if one spouse asks the courts for alimony or spousal support.
When unique factors are likely to complicate a same-sex divorce, spouses need the support of someone familiar with this unique area of family law. Discussing one’s marriage with a legal professional can help concerned spouses understand their options and take the right steps to ensure a fair financial outcome when a same-sex marriage ends in divorce.