New Jersey is an equitable distribution state. The date of marriage and the date of the filing of the complaint for Divorce are relevant in determining the assets and liabilities subject to equitable distribution.
- Equitable distribution is determined by New Jersey guidelines as follows:
- The duration of the marriage;
- The age and physical and emotional health of the parties;
- The income and property brought to the marriage by each party;
- The standard of living established during the marriage;
- Any written agreements made by the parties before or during the marriage concerning an arrangement of property distribution;
- Economic circumstances of each party at the time the division of property becomes effective;
- The income and earning capacity of each party;
- The contribution by each party to the education, training or earning power of the other;
- The contribution of each party of the acquisition, dissipation, depreciation of the value of the marital property, as well as the contribution of the party as the homemaker;
- The tax consequences of the proposed distribution to each party;
- The present value of the property;
- The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
- The debts and liabilities of the parties;
- The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse of child;
- The extent to which a party deferred achieving their career goals; and
- Any other factors which the court may deem relevant.
- Assets acquired during the marriage are subject to equitable distribution, except-
- Inheritances received by the one party during the marriage;
- Gifts from third parties.
- Common difficulties in dividing assets and liabilities
- Valuing the assets and one's ownership interest. For example, how do you value a business and the ownership interest that one has in it?
- Valuing assets that have changed from the time of filing to the time the assets are distributed, i.e., stocks.
- Retirement assets may also be difficult to evaluate.
Practice Areas:

