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division of assets Archives

Know 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 those monies in a divorce? The answer to each of those questions is YES, YOU CAN, and reliance is found in NJ's equitable distribution statute and in a whole body of case law dealing with that subject.

Invasion 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 support, alimony arrears, unpaid unreimbursed healthcare costs, unpaid college contributions and the legal fees associated with those collection efforts.

Most 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.

How will property be divided in a New Jersey divorce?

Whether one is married young or old, many things are brought into a marriage. Even if something is not of much value, when most individuals marry, they are combining their property. For the most part, this is workable, as married couples share most of their assets and property. However, when a couple decides to divorce, this could make it difficult to leave with what one brought in and what they seek to walk away with.

How are division of assets handled in a New Jersey divorce?

Married couples acquire assets and property for their joint use. If the couple later divorces, the decision must be made as to which spouse gets what property. If the spouses cannot agree on who gets what, a family law court must make the decision for each spouse. Let's briefly review the method that New Jersey courts use to determine who gets what in a divorce.

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