A precedent-setting New Hampshire Supreme Court ruling will directly impact
all couples seeking a
divorce, whether they are opposite sex or same sex.
Shaheen & Gordon, P.A. attorneys
Paul R. Kfoury Sr. and
Andrea Q. Labonte served as lead counsel In the Matter of Deborah Munson and Coralee Beal.
Munson and Beal, a same-sex married couple, had a 15-year relationship
prior to their civil union in 2008 and marriage in 2011. At divorce, however,
the District Court did not take the length of their previous relationship
into account, awarding Beal only 12 percent of the marital estate and
limited alimony based on the short length of their marriage. Beal appealed
the divorce decree, citing that she and her partner had for years shared
income and expenses, held joint bank accounts, shared household duties,
and had created estate plans that left their respective estates to one
another. Beal had also been on Munson’s health and life insurance
plans prior to their civil union and marriage.
The Court’s August 19 decision was unanimous in Beal’s favor.
Their case will now be remanded back to trial court, which will now have
clear instructions on how to more equitably divide their assets.
According to Mr. Kfoury, “this is a landmark decision in New Hampshire.
Courts may now consider premarital cohabitation when considering the division
of assets. We believe this case will be circulated across the country.”
An Outcome of Nationwide Importance
Many U.S. states do not have a case on point to consider a couple’s
premarital relationship when determining division of assets at divorce.
According to Labonte, “There is a catch-all in the statute allowing
the court to consider ‘any other factor’ it deems relevant
when considering division of assets, but now New Hampshire courts have
clear direction that premarital cohabitation may be considered. This is
a huge decision, and not just for same-sex couples, but for everybody.”
In 2008, 6.2 million households were headed by people in cohabiting relationships,
including 565,000 same-sex couples. Senior Associate Justice Gary E. Hicks
stated that the court’s decision to consider premarital cohabitation
applies to all divorce proceedings.
According to Beal, the decision was the right one for society.
Kfoury and Labonte were joined by attorneys Jared O’Connor, Ben Siracusa
Hillman, and S. Amy Spencer on Beal’s appeal team. The Gay &
Lesbian Advocate & Defenders of Boston (GLAD) and the American Civil
Liberties Union (ACLU) of New Hampshire filed amicus briefs supporting Beal.
Gilles Bissonnette, Legal Director for the ACLU of New Hampshire, has described
this ruling as an important step towards full equality for same-sex divorcing
couples. According to GLAD’s legal director, Gary Buseck, “We
are still working toward full marital equality in the post-Obergefell
world. This decision represents a very concrete development for all divorcing
To speak with a New Hampshire divorce attorney at Shaheen & Gordon,
P.A., please contact us.
For over 35 years, Shaheen & Gordon, P.A. has earned a reputation of
excellence for its exceptional legal services. With more than 40 lawyers
handling cases in all practice areas, our firm is known for putting the
needs of our clients first. Shaheen & Gordon, P.A. serves the personal
and business needs of clients throughout Northern New England from office
locations in Manchester, Dover, and Concord, NH and Saco, ME.