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What is Equitable Distribution in Divorce?

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Dec 28, 2021

What is Equitable Distribution in Divorce?

Equitable Distribution in Divorce

Divorce is never simple or free of stress.

Right now, you are likely going through an enormous amount of emotional pain that makes it hard to get out of bed in the morning. Yet, as challenging as each day seems, it’s crucial to stay focused as you go through this challenging time.

You might feel overwhelmed when facing questions such as “what is equitable marital property?” Fortunately, this article can help.

Here we look at calculating an equitable split of marital property when it comes to family law. Keep reading to discover insights that will help reduce stress during a divorce.

Defining Marital Property

Let’s start by taking a look at what qualifies as marital property. This is a family law term that refers to property acquired by one or both spouses during the marriage and before the execution of the divorce process. Keep in mind that it doesn’t matter which spouse holds the title. 

It’s important to understand that the court system has developed a presumption that most property acquired during marriage before the execution of a separation agreement is marital property.

Defining Separate Property

Now let’s look at what property should be considered separate property during the divorce proceedings.

Separate property includes anything acquired by either individual before the marriage. This includes any property inherited by bequest, devise, or descent, property gifted to either spouse by another person, compensation for personal injuries, or anything described as separate property by written agreement of both parties.

Community Property

Some states divide all property equally during the divorce process. Therefore, it is considered community property, regardless of which spouse contributed more to the marriage or which spouse is to blame for the divorce.

If you live in a community property state, you can expect all property to be divided 50/50. However, in some cases, the court might take a close look at the situation and decide what type of property division would be most fair to both parties.

Equitable Distribution

Equitable distribution in NJ is designed to consider the needs of each spouse based on the facts of the case.

Are you concerned about how do you calculate equitable distribution? In these situations, deciding who gets what is largely determined on a case-by-case basis where the two sides can negotiate, but the outcome is left to the judge’s discretion.

Determining Equitable Property

A list of factors is used to determine equitable property.

First is the duration of the marriage. Next are each spouse’s financial needs and liabilities, both present and future. The court will also look at the financial well-being and earning potential of both parties, age, health, and any special needs, and each spouse’s separate property, to name a few.

Answering the Question “What Is Equitable Marital Property?”

Most women would prefer to avoid divorce if possible. But when there’s no other choice when searching for a happy life, this guide to “what is equitable marital property?” helps provide the knowledge you need to make tough decisions while you begin the healing process. 

Don’t hesitate to get in touch with Dalena & Bosch today to learn how our law firm can guide you through one of the most challenging experiences you’ll ever face.

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Michael Mastrogiacomo - March 2020
If you’ve been searching for an honest and empathetic attorney...someone you can trust while you navigate the difficult and emotional world of family law, then do yourself a favor and contact Beth Dalena & Jessica Bosch. You’ll be so glad you did.
Par 5 Consulting - March 2020
When you are in the painful and often frightening process of divorce, the women of this law firm bring you confidence and security with their knowledge and professionalism. They exhibit that rare combination of the willingness to hold your hand like a compassionate friend and defend you like a piranha in the courtroom when necessary. They exhibit dedication, and the grace and wisdom of their long term experience. They look…
Cindy Morhouse - February 2020
These ladies have helped me several times in my experience with them. Jessica was my divorce attorney and I can say without hesitation, she was professionally and personally a gift to me. She handled my case (adversarial at best) with grace and knowledge. A fighter when necessary. She handled me in my personal state as a friend. Compassionate and kind. Beth assisted me with rewriting my deed after my divorce…
Scarlett O - January 2020
I chose Jessica A. Bosch to represent me because she was compassionate and knowledgeable. My divorce was a long and difficult journey. During this time, I lost sight of what was really important. Jessica kept me grounded and focused on what would be best for me after the divorce. I am grateful for her help in protecting two very important financial things that I might have given up. I didn't…
Cynthia R - December 2019