New Jersey Equitable Distribution Attorneys

How Equitable Distribution is Determined in New Jersey

For many, divorce is an uncomfortable, stressful, and frightening event. Throughout the process, divorcing spouses may find themselves in the uncomfortable position of having to negotiate with their soon-to-be ex-partner about many issues, including the distribution of marital assets. In New Jersey, spouses who are divorcing will typically go through a process known as equitable distribution. New Jersey Equitable Distribution Attorneys focuses on distributing marital assets and debts fairly rather than equally. While most couples will ultimately agree on the distribution and division of assets when finalizing their divorce, some will be unable to. When couples are unable to reach an agreement about how to divide their assets, the court will conduct a trial without a jury to determine the most equitable way to distribute the parties’ assets. After trial, the court will apply a number of factors to determine how to equitably distribute marital property, including, but not limited to:

  • The length of the marriage

  • The value of the property

  • The parties’ ages and health condition

  • The income or property each party brought into the marriage,

  • The marital standard of living

  • The parties’ economic circumstances

  • The parties’ earning capacity

After a trial, the court will consider the above factors, among others, and craft an order to distribute the marital property. It is important to note that if the divorcing spouses agree on how their assets (and debts, if applicable) are to be divided, the parties can avoid what can be a lengthy and costly trial. However, if the parties cannot agree on how to distribute any portion of the marital property, a trial is the only way to resolve the remaining issues. 

What Is Marital Property?

For the purposes of equitable distribution, marital property includes more than just real estate. In general, marital property is both real and personal property acquired by either spouse (or both) from the date of their marriage until the date a divorce complaint is filed.

Marital property that can be subject to equitable distribution can include, but is not limited to:

  • Real Estate

  • Cash

  • Cars

  • Artwork

  • Boats

  • Pensions and Retirement Accounts

  • Bank Accounts: Individual or Joint

  • Stocks and Investment Accounts

While most property acquired during the marriage will be considered marital property, there are some common exceptions that will be considered non-marital or separate property. These exceptions include some gifts from third parties, an inheritance, and personal injury settlement/judgment proceeds. Additionally, any property that either spouse acquired before the marriage will often, but not always, be considered separate property.

Contact Our New Jersey Equitable Distribution Attorneys Today!

At Hoffman Family Law, our Divorce Attorney in New Jersey strive to help clients obtain a fair and equitable divorce agreement, whether it is determined out of court or determined by a judge. We work to show your spouse, their attorney, and the judge what is truly equitable based on the unique circumstances of your marital finances.

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Frequently Asked Questions: Equitable Distribution

  • Equitable distribution is a legal principle that governs the division of property during a divorce. It requires that property and assets be divided fairly and equitably between both spouses.

    New Jersey is an equitable distribution state which means that, in the event of a divorce, the marital property is not automatically split 50-50. Rather, equitable distribution is defined as the division of marital assets in a manner that is fair but not necessarily equal.

  • Inheritance funds are generally not part of equitable distribution if they have not been commingled with marital assets or used regularly to fund the lifestyle of the parties.

  • Your property will be divided according to the specifics of your prenuptial agreement. Keep in mind that premarital property is always excluded from any division of assets.

  • In New Jersey, property is divided using the principle of equitable distribution. This means that all property acquired during the marriage is subject to division, regardless of who acquired it. Property acquired before the marriage or through inheritance or gift may be exempt.

  • When dividing property in New Jersey, several factors are considered, including the length of the marriage, each spouse's contribution to the marriage, the age and health of each spouse, and the standard of living during the marriage.

  • Debt is also divided using the principle of equitable distribution in New Jersey. All debt acquired during the marriage is subject to division, regardless of whose name is on the account. Debt acquired before the marriage or after separation may be exempt.

  • A prenuptial agreement can override equitable distribution laws in New Jersey to some extent. However, the agreement must be valid and meet certain legal requirements to be enforceable.

  • Yes, property can be divided unequally in New Jersey if the court determines that an equal distribution would not be fair and equitable based on the circumstances of the case.

  • Equitable distribution can affect spousal support payments in some cases. If one spouse receives a greater share of the marital property, they may be less likely to receive spousal support payments.

  • Property acquired after the divorce is generally not subject to equitable distribution in New Jersey. However, any income generated by the property may be considered when calculating spousal or child support.

  • The length of the equitable distribution process in New Jersey varies depending on the complexity of the case and the willingness of the parties to negotiate. It can take several months or more to reach a settlement or go to trial.

  • Several resources are available for individuals who need help with equitable distribution in New Jersey, including attorneys, mediators, and the state's court system. Legal aid organizations may also be available to those who cannot afford an attorney.