Judge orders property settlement in same-sex split

By JIM WALSH
Courier-Post Staff

WOODBURY

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
Published: January 31. 2008 3:10AM