A Skilled Attorney Can Help Ensure Equitable Division of Assets in a Divorce
If you are facing the difficulty of the dissolution of your marriage, attorney H. Tiffany Weiner can effectively and sensitively help you and your spouse divide marital property as fairly and with as little dispute as possible. While not all states are equitable distribution states, New Jersey is, and the court will ensure that all marital property is equally and fairly divided.
If you need assistance with the equitable division of assets during your divorce, contact our office, located in Oakhurst, NJ, as soon as possible to schedule a personal consultation.
Equitable Division of Assets in New Jersey
In the event that you and your spouse do not agree on the division of your marital property during divorce proceedings, New Jersey courts can step in. Courts may assist with the division of all marital property, or simply with items for which the spouses cannot reach an agreement. In these cases, the law requires an equitable and fair division of the marital assets. This does not necessarily mean that the property will be divided fifty-fifty.
The division of assets is based on a variety of factors, including each spouse’s contribution to the obtainment and growth of the marital assets, and each spouse’s potential future needs.
Regardless of each spouse’s income, the court recognizes each spouse’s contributions to the attainment of marital property. All marital property can be divided: it does not matter whose name is on the title. The courts consider several factors when choosing how to distribute marital property:
The length of the marriage
The age and health of each spouse
Each spouse’s occupation and sources or amounts of income
While not all states are equitable distribution states, New Jersey is, and the court will ensure all marital property is equally and fairly divided.
What is Marital Property?
Marital property includes all property and assets that were acquired during the course of the marriage. Marital property may include any or all of the following:
Real property, such as houses, land, or other property
Personal property, including cars, boats, jewelry, furniture, and more
Retirement and pension plan benefits
Gifts from one spouse to the other
As stated previously, it does not matter if the title for the property is in one spouse’s name only. If the property was acquired during the marriage, it is considered marital property.
Separate property, also known as non-marital property, is any property that was owned by either spouse prior to the marriage or acquired after filing for divorce. Separate property may also include gifts from others during the marriage to one spouse only, as well as any inheritance to one spouse. Each spouse is entitled to keep his or her separate property; however, in some cases, this property may be considered marital property by the courts, depending upon how it was used during the marriage.
The Right Attorney Can Help
In most divorce cases, spouses rarely completely agree on division of all marital property. This is why we recommend working with an experienced attorney. At TW Family Law, we can assist with the division of any property that you and your spouse cannot agree on.
We can also help if you cannot agree on the division of all marital property, or if you simply want to ensure that property is fairly divided. Working with our skilled attorney will ensure that your marital property is fairly and equally distributed between both parties.
Schedule Your Personal Consultation
If you are in the midst of a divorce and you and your spouse are unable to agree upon the division of your marital assets, contact the Law Office of TW Family Law today to schedule a personal consultation. We can assist in the equitable distribution of your marital assets to avoid further conflict between you and your spouse, helping you move on to begin a new chapter in your life.