For some same-sex couples, the length of a relationship and the length of a corresponding marriage tell two very different stories. A couple may have shared a home, combined finances, supported each other’s careers and raised children for years before marrying.
If they later divorce in New Jersey, one of the most asked questions is whether the court considers the length of entire relationship or only the years that a couple was legally married when it makes determinations.
Does a long relationship automatically count as a long marriage?
Generally, no. For example, living together for ten years before marrying does not automatically extend a five-year marriage to 15 years for purposes of equitable distribution.
Under New Jersey law, equitable distribution applies to real and personal property legally and beneficially acquired by either spouse during the marriage or civil union. As a result, years of living together before marriage do not necessarily receive the same treatment as the years after the wedding.
What happens to property you acquired before getting married?
This is where a long pre-marriage relationship can make divorce considerably more complicated. Suppose one partner purchased a house eight years before the couple married. Both partners lived there and contributed toward household expenses. They then married and remained married for another five years before filing for divorce.
The house does not automatically become marital property simply because the couple eventually marries. New Jersey courts have expressly distinguished property acquired during premarital cohabitation from property acquired during marriage for equitable distribution purposes.
That does not necessarily mean the other partner’s financial contributions are irrelevant. Subsequent transactions involving the property and the couple’s handling of the asset after their marriage can create additional issues that require careful examination from a legal professional.
Because New Jersey recognized civil unions for same-sex couples before marriage equality became available nationwide, those who were united via this process may have a more complicated divorce process to navigate than many others do. To that end, it is vital for such couples to seek experienced legal guidance before starting the divorce process.