Equitable Distibution

How Do We Divide Our Personal Property?

Posted by on Aug 13, 2015 in Blog, Equitable Distibution | 0 comments

How Do We Divide Our Personal Property?

How Do We Divide Our Personal Property? There are plenty of horror stories about couples fighting over personal property. Whether it is the clothes in your closet, the furniture around the house, or the boxes of stuff in your attic or basement, there is always a potential for a battle over who keeps what as part of a separation and divorce. But, before staking your undying claim to the only crock pot, please take into careful consideration the following five observations. First, make every effort to resolve these issues on your own. Not only is it expensive for both parties to continue to pay...

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I am getting a divorce- what do we do with the marital home?

Posted by on Jul 24, 2015 in Blog, Divorce, Equitable Distibution | 0 comments

I am getting a divorce- what do we do with the marital home?

I am getting a divorce- what do we do with the marital home? For many couples the marital home is their most valuable asset. As a result, one of the most important decisions that needs to be made is what to do with the property as part of the divorce. This article is going to address the most common ways to address this issue, as well as some of the details that should be considered when making such decisions. One option is to sell the house. There are many litigants who believe that saying in their divorce agreement that the house will be sold with the proceeds divided is satisfactory. The...

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Divorce Myth #10 – All assets are divided fifty-fifty

Posted by on May 27, 2015 in Blog, Equitable Distibution, Top Ten Divorce Myths | 0 comments

Divorce Myth #10 – All assets are divided fifty-fifty

Divorce Myth #10* – All assets are divided fifty-fifty. Put simply – there is no single statute or case that stands for the proposition that all assets are to be divided fifty-fifty. The idea of your soon-to-be ex-spouse "getting half" is a product of television shows, movies and stand up comedian routines. Instead, what assets are to be divided and how they are divided is the product of reviewing statutory factors and interpreting relevant case law. In divorce cases it is called equitable distribution. By its common definition, equitable distribution is the division of...

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Is my spouse entitled to my inheritance?

Posted by on Feb 6, 2013 in Blog, Equitable Distibution | 0 comments

Is my spouse entitled to my inheritance?

Is my spouse entitled to my inheritance? The equitable distribution statute is found at N.J.S.A. 2A:34-23.1.  Put simply, assets and liabilities acquired by either party from the date of the marriage through the date that a divorce complaint is filed are subject to equitable distribution (i.e. division).  However, there are situations where certain assets may be excluded from equitable distribution.  One of these situations involves the receipt of an inheritance. If one person receives an inheritance (whether it be cash or property) that person must be careful with what they do...

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Is My Spouse Entitled to My Pension?

Posted by on Jan 15, 2012 in Blog, Equitable Distibution | 0 comments

Is My Spouse Entitled to My Pension?

Is my spouse entitled to a portion of my entire pension? The short answer is maybe.  All of your retirement benefits may be subject to equitable distribution as part of the divorce litigation.  The equitable distribution statute is found at N.J.S.A. 2A:34-23.1.  Outlined in this statute are various factors to be considered by the Court when addressing equitable distribution issues.  Absent an agreement to the contrary, assets and liabilities acquired by either party from the date of marriage through the date a divorce complaint is filed, will likely be subject to equitable...

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