In October of 2013, same sex marriages were legalized in the State of New Jersey. As this Article is being written, the United States Supreme Court is in the process of deciding this issue on the Federal level. Both the New Jersey ruling and certainly the outcome of the United States Supreme Court’s deliberations have far reaching effects.
Prior to October of 2013, same sex partners could only enter into Civil Unions. While there were certainly benefits to this, being able to legally marry brings these couples to a whole different level. For the first time, same sex couples have all of the rights, benefits and responsibilities afforded to opposite sex marriages, within the boundaries of New Jersey laws.
What does this mean exactly? Starting prior to the marriage same sex couples are encouraged to consider whether a pre-nuptial agreement is appropriate. Since many same sex couples marrying now have been together for years, if not decades, patiently (or impatiently) waiting for the laws to change, their situations are often quite different from opposite sex couples who may have been together for only a short period of time. An experienced attorney at Iandoli & Edens can help same sex couples cut through the pitfalls and complications that may face them financially and/or family related.
The passing of this law also means that same sex couples who divorce are subject to the same statutes and case law as opposite sex couples.