Local Law Blogs

Equitable Distribution in Domestic Partnerships

In the first decision of its kind in New Jersey, a Gloucester County judge has ruled that persons who registered as domestic partners since 2004 but who did not form a civil union under the 2006 law are nonetheless entitled to an equitable distribution  of assets in the same way such assets would be distributed in the divorce of a married couple.

In addition, the judge discussed the "special circumstances" of gay couples who often had years of a committed relationship before being able to legally formalize it in 2004 or 2006, concluding that the period of equitable distribution began at the formation of the parties' relationship in 1999 rather than their establishment of the domestic partnership in 2004.

This case is important in terms of the court's consideration of the entire span of a committed same sex relationship,  since no legal recognition was available until 2004.

Whether the decision will be appealed is unknown; however, it represents the first step in what  some family lawyers, including myself, believe will be the evolution of expanded rights and remedies for same sex couples in New Jersey.

Full post as published by New Jersey Law Blog on February 04, 2008 (boomark / email).