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Equitable Distribution

Recent Posts in Equitable Distribution Category

  • YOU CAN SEPARATE FROM YOUR SPOUSE, BUT WITHOUT A DIVORCE COMPLAINT, YOU CAN’T SEPARATE YOUR SPOUSE FROM YOUR BUSINESS (INTEREST)

    The law of New Jersey is clear: Where one spouse owns a business (the owning-spouse) during the parties’ marriage, the other spouse (the non-owning spouse) is likely entitled to a portion of the value of that business as of the filing of a Complaint for divorce. Why? Because marriage is considered a partnership in New Jersey - a financial partnership, not just an emotional partnership. Even if the ...
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  • Restricted Stock

    I think we can agree that restricted stock units might not be the most exciting topic for a blog. However, you should likely change your mind on this issue if you are planning on getting divorced. In the world of family law, the restricted stock unit, and the legal complications involved in valuing and equitably distributing same, have been the subject of heavily debated dispute amongst even the ...
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  • Finding Your Freedom with NJ Divorce Arbitration

    What is arbitration? Put simply, arbitration is the process where a non-judge makes a decision on issues in a divorce that the parties cannot settle. Rather than going through the court system, the parties let a non-judge make a binding decision to allow the divorce process to end. It is an effective and relatively inexpensive way to resolve divorce. It is increasingly common for divorce cases to ...
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  • Domestic Violence and Destruction of Property

    Domestic violence is a serious crime and a serious problem. Thousands of victims in New Jersey suffer emotional, financial, and physical abuse at the hands of their partners or spouses. In an effort to protect the victims of domestic violence, New Jersey passed special legislation to address these crimes. Under the New Jersey law, statute 2C:25-17 includes destruction of property of another as ...
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  • Top Business Valuation Mistakes and How to Avoid Them

    The American dream includes working hard and achieving your goals for yourself and your family. There are twenty eight million small businesses in the United States, and behind each and every one are hard-working individuals striving to make the business a success. Husband and wife teams are frequently behind these businesses and may have spent decades working on the business and helping it to ...
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  • How Rights Change with Cohabitation Versus Marriage

    The structure and landscape of the American family is changing. Not that long ago it was culturally taboo for a couple to live together without the benefit of marriage. This is no longer the case, and it is now very common for people to reside together, plan for the future together, and even have children together without even ever considering the possibility of formalizing their relationship. ...
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  • Property Division Without Divorce

    In today’s society, the form of relationships is changing quickly. While it used to be against societal taboos for people to live together out of wedlock, it is no longer frowned upon or even unusual. People may live together for a lifetime, combine finances, have children together, and plan for the future all without ever formalizing their relationship. New Jersey does not recognize “common law” ...
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  • Continued Cohabitation During Divorce

    Going through a divorce means drastic changes for everyone involved. Whereas you have previously spent your days planning for an emotional and financial future attached to your spouse, divorce means having to shift your point of view and plans. Although divorce will ultimately mean that you and your spouse will no longer be living together, not all divorce parties choose to immediately separate ...
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  • Proper Use of Marital Funds During Divorce

    Going through a divorce is a time of uncertainty and instability. A big part of this is that divorce is one of the most financially unstable times for almost every couple. Dividing finances and making sure there are enough resources to cover to households can stretch many budgets to the limit. Although many people have some money put away in savings or investments, all money that was acquired ...
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  • What to Do With Your Marital Debt

    The end of a marriage is an emotionally overwhelming time. To make things more difficult, divorce is also usually one of the most financially difficult times for any person going through a divorce. Although in the past you and your spouse have been able to rely on each other for financial support and dividing all debt responsibility, after the divorce, you will both have to figure out how to ...
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  • How to Protect Your Family Business

    Business owners know that there are many variables that need to be watched for and accounted for when creating and building the business. Business owners need to make sure to do the right type of advertising, have an online presence, account for local competitors, and a variety of other issues when planning for the future of the business. In some situations, this type of planning will also need to ...
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  • Should I Delay My Divorce Until After I Retire?

    The decision to divorce is never easy. Coming to the determination that it is best to sever your life from the person with whom you have built your future can be emotionally and financially challenging. This is especially true in cases where parties have been married for many years and may have been planning for a joint retirement. In cases involving seniors divorcing, there are often some unique ...
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  • What Tax Implications Have You Overlooked in Your Divorce?

    We have all heard the old adage that only two things are certain: Death and taxes. Unfortunately, divorce does nothing to change either of these certainties. In fact, when divorcing, it is very important that you pay attention to your financial future, including the tax implications of your decisions. In the chaos and uncertainty of divorce, it can sometimes be simple to overlook those long-term ...
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  • Retirement, Social Security, and Medicare

    Nothing will shake up a person’s life financially in the same way that a divorce will. Parties have worked for many years to construct a stable financial future for their retirement, and divorce often means dividing all of those resources in half. It could also mean that one party will be paying spousal support on a short or long-term basis. When those spousal support payments coincide with ...
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  • Fraudulent Transfers and Property Distribution

    The division of property is an issue that is central in any divorce case. Spouses often work for years to help build and contribute to the marital estate. When a marriage ends, the court has to divide up all of the assets and debts. In New Jersey, the court will make a decision on how to divide marital assets and marital debts, and will make an equitable division of the marital estate. Equitable ...
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  • Dividing a Medical Practice in Divorce

    At the conclusion of a divorce, a judge will make an equitable division of the spouse’s marital property and marital debt. Equitable does not always mean equal, but it often does. Assets acquired during the marriage are almost always marital assets, meaning that each party will receive his or her equitable share. This is true even in the case where on parent did not directly contribute to that ...
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  • Common Financial Mistakes in Divorce

    Divorce can quite often be an enormous financial burden for both spouses. It can be a very financially trying time when spouses have to divide households and divide expenses. Going from a double income household to a single income household can really stretch resources. There are some common financial mistakes that divorcing couples will often commit that you should be careful to avoid. First is ...
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  • Control Over Personal Property in Divorce

    At the conclusion of a divorce, the judge will make a final order for child custody, spousal support, debt division, and asset division. The issue of asset division can be particularly complicated in some cases. In New Jersey, the judge will make an equitable division of the parties’ marital assets at the final hearing if the parties are unable to come to an agreement. In the vast majority of ...
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  • Are You Sure You Want to Keep the Marital Home?

    At the end of any divorce, the parties or the judge will have to make a final decision on how to divide up the parties’ assets and debts. This financial separation will include all of the assets and debts the parties incurred during the marriage, and occasionally will also include assets from before the marriage. For many people, the marital residence is the largest asset that needs to be divided. ...
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  • Credit Rating and Divorce

    Divorce will often mean substantial financial change for both husband and wife. Dividing finances and bills can be complicated, especially after a long-term marriage. Both parties will have to create new solutions for their financial futures, often making changes and cuts in several areas. Thought the proceedings and afterwards, these financial changes can create stress for some in terms of their ...
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  • Thieme v. Aucoin-Thieme - Distribution of Pre-Marital Assets

    At the end of every divorce, marital property must be divided. New Jersey is what is referred to as an “equitable distribution state,” which means that the judge will divide the marital property “equitably” between the parties. Equitable does not mean equal. The way the judge determines what is equitable is made according to a laundry list of factors. In general, any property that was acquired ...
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  • Am I Liable for My Spouse's Unpaid Taxes?

    April means tax time in the United States. Many people will be scrambling to get their taxes finished up by the deadline or filing extensions to give them a little extra time to get their taxes filed. Many married couples choose to file their taxes jointly, as it confers extra tax benefits. Taxes are complicated, though, and mistakes can be made, leading to back taxes and penalties owed to the ...
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  • Silver Divorce

    The rate of divorce in couples over 50 is on the rise. While divorce rates across the nation overall have stabilized over the past few years, the rate of divorce in couples who are over fifty years old has doubled since 1990. Divorce between couples who are over fifty is often referred to as “silver divorce.” Silver divorce can bring some special considerations and issues which merit particular ...
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  • Postnuptial Basics

    Prenuptial agreements are well known and most people have heard of them, especially in terms of celebrities or the ultra-wealthy. Less well known is an equally useful, if somewhat complicated, document called a post nuptial agreement. As is suggested by the name, post nuptial agreements are entered into by spouses after they have already gotten married. A postnuptial agreement has many things in ...
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  • Prenuptial Basics

    At the beginning of a marriage, no one wants to think about it ending in divorce. Most couples prefer to focus on the positives of getting married and the future together. Some prospective spouses prefer to plan for the unfortunate possibility of divorce, and so will choose to hire an attorney to draft a prenuptial agreement. A prenuptial agreement is essentially a contact between potential ...
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