Property Distribution

When entering a divorce judgment, the couple’s assets will be divided equitably. An equitable distribution of martial property means that any property acquired during the marriage must be divided in a fair and reasonable manner. Equitable distribution does not necessarily mean an equal division of the marital assets, but a fair and reasonable division.

The New Jersey Legislature has identified fifteen (15) specific factors:

1. The duration of the marriage;
2. The age and physical and emotional health of the parties;
3. The income or property brought to the marriage by each party;
4. The standard of living established during the marriage;
5. Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
6. The economic circumstances of each party at the time the division of property becomes effective;
7. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
8. Each party’s contribution to the education, training or earning power of the other;
9. Each party’s contribution to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
10. The tax consequences of the proposed distribution to each party;
11. The present value of the property;
12. 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;
13. The debts and liabilities of the parties;
14. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
15. The extent to which a party deferred achieving his/her career goals.

The Legislature, however, expressly allows New Jersey courts to consider any other factors which the court may deem relevant.

While all martial property will be equitably distributed upon entering the divorce complaint, certain property will be excluded from distribution, including but not limited to property acquired prior to the marriage, property acquired during the marriage as gifts from third parties or by inheritance, or property acquired after the filing of the divorce complaint from post-complaint efforts are all excluded.

However, if exempt property is co-mingled with marital property or is improved during the marriage, it may lose its exclusion.