New Jersey Divorce Blog
Recapturing Dissipated Marital Assets for Purposes of Equitable Distribution
In New Jersey, a spouse’s actual “dissipation” of marital property is a relevant factor to be considered when dividing the marital estate, pursuant to N.J.S.A §2A:34-23.1(i), which says: “The contribution of each party to the acquisition, dissipation, preservation,...
read moreDistinguishing Between Defined Contribution Plans and Defined Benefit Plans for Purposes of Dividing the Marital Estate
One shortcoming of the family law system in the division of marital assets is that all assets that fit within the “pot” for equitable distribution in the event of a divorce are assigned a fixed value and treated equally (including retirement assets and current...
read moreHow to Wield the “Sword of Damocles” to Ensure Compliance with the Terms of Your Marital Settlement Agreement
The recent New Jersey Appellate Division decision in Holtham v. Lucas, 2019 N.J. Super. LEXIS 109 (App. Div. 2019), is important because it acknowledges the use and validity of “penalty provisions” in divorce and post-divorce agreements to ensure a party’s compliance...
read moreA Possible Shift in the Law on Division of Future Financial Benefits in Divorce
As a general rule, all assets acquired during the marriage are presumed to fall within the pot for equitable distribution in a divorce, but there are exceptions. One of those exceptions is the receipt of employment related stock options or restricted stock units,...
read moreKnow Your Rights: Holding Your Former Spouse Accountable For The Marital Assets They “Pissed Away” or Hid Leading Up To The Divorce Filing
In a divorce, can you recoup monies "pissed away" by a spouse on things unrelated to the marriage or can you hold a spouse accountable for specific debts incurred in advance of a divorce filing? Or, what if your spouse hid assets during the marriage. Can you recoup...
read moreThe advantages of divorce mediation
A previous post on this blog talked about a recent case that, in the final analysis, may have been better off getting resolved through mediation or a similar process. The recent case involved a spat between two New Jersey parents over how much each should contribute...
read moreA POX ON BOTH OF YOUR HOUSES, SAYS A RECENT NJ APPELLATE DIVISION DECISION IN DEALING WITH PARENT’S SHARING OF COLLEGE COSTS
Unfortunately, one of the most common battles fought in the family courts in New Jersey is over how much each parent should contribute to the cost of their child[rens] college education and over the college selection. Stereo-typically, the language of most divorce...
read moreOverview of New Jersey’s alimony law
Like many other states, New Jersey allows courts to order one party in a divorce to pay alimony, which also frequently gets referred to as spousal support, to the other party. Court must consider a number of factors before awarding alimony. While the point of these...
read moreInvasion of an Ex’s Retirement Assets for Unpaid Child Support, Unpaid Alimony, Unpaid Healthcare Costs, College Costs, and Related Fees
Most people who have gone through a divorce, know that QDRO's (qualified domestic relations orders) can be used to divide specific retirement assets between spouses in a divorce. But few people know that QDRO's can also be used to address unpaid court ordered child...
read moreMost property will be divided between spouses in New Jersey
Relative to other states, New Jersey actually has a fairly broad definition of what constitutes marital property, that is, property which will get divided fairly in the event of an absolute divorce, a divorce from bed and board or in a similar proceeding. Basically,...
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