When a couple files for
divorce, there are a number of factors that they must come to an agreement on,
including things like
child support, and
Property division is another consideration that can be hotly contested in divorce cases.
Couples who cannot reach a resolution in these matters will have to have
their case litigated before a judge.
When it comes to property division, you may have questions about how it
works. New Jersey has an equitable division law, which means that the
Court will divide property fairly, but not necessarily equally.
Determining what is “fair” requires an examination of several
factors, including but not limited to:
- The length of the marriage
- The contribution of each spouse to the marriage
- The needs of the parties going forward
An important part of determining what is “fair” is determining
which property is marital or joint property (acquired during the marriage)
and which property is separate (acquired before the marriage). Examples
of joint property may include the marital home, cars, furniture, and other
personal items. Examples of separate property include gifts or inheritances.
Difficulties tend to arise when property becomes intermingled and it becomes
less clear whether it is marital or separate. For example, an inheritance
is typically considered separate property, but when used as a down payment
for a home the couple shares while married, the line becomes blurred.
When the Judge decides who gets the house the spouse that used inheritance
funds to buy the residence will likely want that money back. This is why
it becomes critical to paint a clear picture for the Court regarding how
and when property was acquired. An experienced attorney is essential in
For more information about the distinction between marital and separate
property, call an experienced Hackensack family law attorney at Moskowitz
Law Group, LLC.
Schedule a free case evaluation today when you call (201) 419-6223.