Property Division in Same-Sex Divorce

Understanding Your Rights Under New Jersey Law

Same-sex couples have had the right to marry in New Jersey since 2013 and nationwide since 2015, thanks to landmark court decisions recognizing marriage equality. With those legal rights come the same legal responsibilities—and that includes how property is divided in the event of divorce. For same-sex spouses, the end of a marriage involves the same legal framework as any other divorce, but it can present unique challenges, especially when couples have been together for many years before the law formally recognized their marriage.

At the Law Offices of John B. D’Alessandro, we provide experienced legal guidance to same-sex spouses in Union, Essex, or Middlesex County, including representation in divorce and the often complex matter of property division. If you’re divorcing, it’s important to understand how New Jersey law approaches equitable distribution—and what factors may make your case different. For help with equitable distribution and other issues in same-sex marriage and divorce in New Jersey, call our office to speak with an experienced Union family law attorney.

Equitable Distribution: The Basics

New Jersey is an “equitable distribution” state. This means that property acquired during the marriage is divided fairly, but not necessarily equally, between the spouses in a divorce. Courts consider a range of factors to determine what is “equitable,” including the length of the marriage, each party’s financial and non-financial contributions, and each party’s economic circumstances at the time of divorce.

Importantly, equitable distribution only applies to marital property—generally defined as assets and debts acquired during the marriage. Property acquired before the marriage, gifts, inheritances, and assets designated as separate by a valid prenuptial or postnuptial agreement are typically excluded.

Unique Considerations for Same-Sex Couples

While the legal framework for property division is the same for all divorcing spouses in New Jersey, same-sex couples may encounter specific challenges tied to the history of marriage equality. Here are a few key considerations:

1. Length of the Relationship vs. Length of the Marriage

Many same-sex couples lived as partners for years or even decades before they were legally allowed to marry. However, for the purposes of equitable distribution, courts traditionally only consider the legal length of the marriage.

This can be a difficult reality for long-term couples whose financial lives became intertwined well before their wedding date. While the court may consider the duration of cohabitation when evaluating certain aspects of property division, such as contributions to an asset or the needs of a dependent spouse, the legal marriage date remains a key benchmark.

For example, if a couple purchased a home together in 2005 but only married in 2015, that property might not be considered marital unless specific circumstances exist—such as both parties contributing to the mortgage or improvements. Disputes often arise around how to classify and divide such assets.

2. Pre-Marriage Asset Commingling

Same-sex couples often combined finances long before their relationships were legally recognized. Shared bank accounts, retirement savings, and real estate investments acquired during this time may present complex issues when it comes to determining what’s separate and what’s marital.

In New Jersey, when separate property is commingled with marital property—such as depositing pre-marriage savings into a joint account—it may lose its separate status. Tracing the origin of funds and establishing ownership can be a contentious and complicated part of the divorce process.

3. Civil Unions and Domestic Partnerships

Before marriage was legalized, New Jersey recognized civil unions and domestic partnerships for same-sex couples. These legal statuses provided some—but not all—of the rights of marriage. If you entered into a civil union before marrying your partner, the timeline of your legal relationship may be longer than your marriage certificate indicates.

Whether and how a court factors in the duration and assets of a civil union can vary, but in many cases, it is possible to argue that property acquired during a civil union should be treated similarly to property acquired during marriage.

How Courts Decide What’s “Equitable”

New Jersey courts use a multi-factor test to determine what constitutes an equitable division of marital property. These factors include:

• The duration of the marriage
• The age and health of each spouse
• The standard of living established during the marriage
• The income and earning capacity of each spouse
• Contributions to the education, training, or career of the other spouse
• The value of each party’s separate property

In same-sex divorces, these factors are interpreted the same as in heterosexual divorces, but a knowledgeable attorney can help ensure that your full history as a couple is brought to the court’s attention when it matters most.

Protecting Your Interests in a Same-Sex Divorce

Because of the unique issues that can arise, same-sex divorces involving property division often benefit from early legal intervention. Whether you’re negotiating a settlement or preparing for litigation, working with an experienced family law attorney is essential to ensuring your rights are protected and your contributions are fairly acknowledged.

At the Law Offices of John B. D’Alessandro, we understand that every marriage is different—and so is every divorce. We work closely with our clients to understand their histories, assess their property concerns, and build a strategy for a fair and just outcome.

Contact Us for Experienced Legal Help With Same-Sex Divorce and Property Division in Union, New Jersey

If you’re considering divorce or are in the midst of one, and you have concerns about property division, we’re here to help. Our firm represents clients in Union, Essex, and Middlesex counties, providing skilled legal counsel tailored to your unique circumstances. Call us today to schedule a consultation and learn more about your options.