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CourierPostOnline.com
Judge
orders property settlement
in same-sex split
By JIM WALSH, from
the Web, February 1, 2008
WOODBURY, Jan.31 -- A state
judge here has ordered a property settlement for two women ending a domestic
partnership, saying the couple should be treated the same as married spouses who
divorce, an attorney involved in the case said Wednesday.
The decision by Superior Court Judge John Tomasello is believed to be the first
of its kind in the state, said attorney Jacquelyn Kernechel, who represented one
of the women.
"It could be very far-reaching," said Kernechel, who noted 5,000 same-sex
couples are in domestic partnerships across the state. The legal
partnerships also are available to heterosexuals age 62 and older.
Kernechel represents Sharon Miken, a Sewell woman who sued to share in assets
held by her former partner, Jane Hind. The women had been in a domestic
partnership since 2004, when New Jersey legalized such relationships for
same-sex couples.
Hind's attorney, Brock Russell of Millville, could not be reached.
In an interview Wednesday, Kernechel said the state law that legalized domestic
partnerships in 2004 was vague on the distribution of assets when those
relationships end. Domestic partners must file in family court to end the
bond.
"Now it is clear that when a domestic partnership is terminated, the court
should consider separating the couple's assets in a way that is fair to both
partners, just as it now does in a divorce," the Westmont attorney said.
That standard already applies to same-sex couples in civil unions, which were
legalized in the state last year, she said.
Kernechel said a judge ordering a property settlement does not have to choose a
50-50 split. Instead, he can weigh multiple factors, including the
longevity of a relationship.
Kernechel said Tomasello, in a Jan. 15 decision, found the women's relationship
dated back to 1999. As a result, he divided assets acquired prior to the
2004 domestic partnership.
"We argued that if this could have been a marriage, it would have been a
marriage and the same principal should apply," Kernechel said.
She noted alimony is not available for people ending a domestic partnership.
Reach Jim Walsh at (856) 486-2646 or
jwalsh@courierpostonline.com
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