How the Equitable Distribution of Property Works in New Jersey Divorce Cases

When you’re going through a divorce, one of the key issues you and your spouse will need to work out is how you will divide your marital assets and property. This process can become quite complicated, especially if you own a home together, own a considerable amount of assets or have been married for many years.

New Jersey is what’s known as an “equitable distribution” state. This means that all the assets of a married couple get divided in a fair manner if that couple decides to get divorced. Fair, however, does not always mean equal—and courts may consider a broad range of factors as they divide your shared assets and property.

What is property division?

Courts in New Jersey may only divide assets that are considered marital property. This includes every asset, including wages and other forms of wealth, that was acquired throughout the course of a marriage. Individual (or separate) property, such as items or assets that were acquired prior to the marriage, do not get divided. Gifts from people other than your spouse, such as an inheritance, are considered separate property, as well.

It is generally a good idea to work with your spouse in a collaborative way as you approach the process of property division. You may come to a more amicable agreement if you maintain clear and open lines of communication, rather than taking the decision directly to the courts. Unless your divorce is so contentious that you and your spouse cannot even speak to one another, it’s more likely that you’ll be able to reach a better agreement without resorting to litigation.

Key factors considered

When a court intervenes in property division, it is typically because the couple was unable to come to an agreement about what to do with their assets without outside assistance. New Jersey courts will consider several factors as they divide marital property, including the length of the marriage, the value of the assets in question and the standard of living both spouses maintained while they were still married.

Courts in New Jersey do not analyze who is at fault for the divorce when deciding how to divide assets and property. Despite any emotional trauma that may have resulted from or caused the end of your marriage, state law calls simply for an equitable distribution.

Alimony, which is not part of the asset division process, may be awarded to the lower earning spouse, depending on several extenuating factors. This may include how the asset division process was handled.

If you are about to get divorced and are concerned about securing your right to an equitable divi-sion of property and assets, meet with an experienced New Brunswick divorce attorney at the Law Office of Steven M. Cytryn right away.

Steven M. Cytryn
About the Author: Steven Cytryn
Steven M. Cytryn is the Managing Member of The Law Office of Steven M. Cytryn, LLC, and primarily focuses his practice on divorce and family law matters.