Court recognizes same-sex marriage as "long term"
New Hampshire only began allowing same-sex marriages in 2010, but the state Supreme Court has ruled that lower courts should consider cohabitation prior to that year when dividing property in a same-sex divorce.
The court issued the ruling August 19. In that case two women, Coralee Beal and Deborah Munson, had cohabitated since 1993. They entered into a civil union in 2008, which was converted to a marriage in 2011. Munson filed for divorce in 2012.
The lower court ruled that Beal and Munson had only been in a short-term marriage, which meant the division of property did not have to be equal. Beal was awarded roughly 12% of marital property and $500 per month in alimony for five years.
Beal appealed that ruling, arguing that the court should have considered the couple's long-term cohabitation prior to New Hampshire's same-sex marriage law.
Munson's lawyers countered that neighboring states authorized same-sex marriage before New Hampshire, so if the couple had wanted to get married earlier, they could have. The marriage was intentionally short-term.
The state Supreme Court agreed with Beal, noting that New Hampshire's divorce laws allow courts to consider long-term cohabitation prior to marriage, whether or not the couple is same-sex. That means the lower courts must reconsider the relationship between Beal and Munson as long-term, which requires equal division of property.
Do you have an opinion on considering pre-marital cohabitation in a divorce? Share your thoughts in the comments.
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