The Recent United States Supreme Court Decision Regarding The Freedom to Marry

Same-sex couples and their advocates around the country cheered on June 26, 2015 when the United States Supreme Court ruled that same-sex couples have the constitutional right to get married. At the same time, many divorce attorneys were thinking: GAY DIVORCE! Not so fast.

While same-sex couples now have the right to apply for marriage licenses anywhere in the United States, many same-sex couples may contemplate prolonging marriage given the staggering divorce statistics in the heterosexual population. According to a few debatable studies, lesbian, gay, bisexual and transgender (LGBT) earn more money on average than the national median. Although, same-sex couples may not be more affluent than heterosexual couples, the LGBT population wields economic power. In 2013, it was estimated that the buying power of the LGBT population was $830 billion. Regardless of wealth, many couples, especially same-sex couples, should think about putting together prenuptial agreements before walking down the aisle or dealing with the same hurdles heterosexual couples face when they divorce.

Before entering into any legalized partnership, whether it a business or in this case, a marriage, the parties would need to contemplate several issues: for example, what assets are they bringing into a marriage, how much money will the parties contribute monthly for expenses or save for retirement or purchasing property, how will household chores be divided, how many children will the couple have, how much will they contribute toward raising them, who will take care of the children, how will they be raised, and what happens in the event the parties die? Same-sex couples will now legally be able to make these decisions before entering into a marriage, which may require a prenuptial agreement or will easily be able obtain a divorce similar to heterosexual couples.

Prior to the recent US Supreme Court decision, New Jersey experienced a similar victory on October 18, 2013 when the New Jersey Supreme Court struck down the state’s civil union law in favor of allowing same-sex couples the freedom to marry. According to statistics compiled by the Williams Institute, UCLA School of Law in 2010, there were about 16,875 same-sex couples living in New Jersey, or 5.2 same-sex couples per 1000 households. (See). Those number have increased since the 2010 U.S. Census was last reported. The study also included the following relevant information:

County Number of Same-Sex Couples % Same-Sex Couples raising “own” children
Ocean 917 18%
Monmouth 1418 10%

The Bronzino Law Firm: Experienced Family Law Attorney Helps Same-Sex Couples With Putting Together Prenuptial Agreements or Obtaining Divorce

If you reside in Brick, New Jersey or surrounding communities, including Ocean County and Monmouth County and are contemplating entering into a same-sex marriage or want a divorce, please contact The Bronzino Law Firm, located in Brick, New Jersey at (732) 812-3102. Given the current divorce rates, which will now include same-sex couples, our office is ready to draft a prenuptial agreement even if you are not wealthy or assist you in divorce proceedings.