New Jersey Equitable Distribution
Equitable Distribution New Jersey
Worried about divorce and your fair share? A New Jersey equitable distribution lawyer can help. Equitable is defined by the dictionary as valid in equity, as distinct from the law. That means the Court tries to achieve a fair allocation of property based upon criteria and guidelines defined by
the laws of the state. Equitable: fairness. The fair distribution of, well, stuff. If you’re getting divorced, how do you
know if you’re receiving an equitable amount of your possessions, property, assets, etc.? What
do you do if you think you’re giving up too much, or not getting enough? If it’s not equitable?
(Bear in mind, fair does not necessarily mean equal: the Court is under no burden to divide the
marital assets fifty-fifty. Fair means, well, just that: fair. And who decides what fair means? The
Court— unless you and your spouse can, or your lawyers can propose fair distributions of
property and assets.
A New Jersey Equitable Distribution Lawyer can help. Let’s look at how:
Review, with your New Jersey Equitable Distribution Lawyer, what may fall under assets
to be equitably divided by the Court. These may include, but are not limited to the
marital home, mortgages, automobiles, other vehicles, a secondary or vacation home,
businesses, and other assets accrued during the marriage.
Additional assets may be of a financial nature: investments, home equity lines of credit,
retirement accounts, pension plans, profit sharing plans, deferred compensation plans
and/or inheritances. Oftentimes your New Jersey Equitable Distribution Lawyer will
work with an accountant as part of your legal team.
Assets may also include items of a more personal nature: collectibles, personal
possessions, and sentimental artifacts from your time together and/or a child’s growing
up. Speak honestly with your lawyer: some of these items may hold value that it is hard
for the Court to quantify (or even for you to consider).
Debt, of course, will also be distributed equitably by the Court. No one likes to consider
this, but be forthright with both you and your lawyer: who accrued the debt, and why?
Discuss what part of the debt you think it would be fair for you to retain.
Speak With A Qualified Lawyer
Discuss with your New Jersey Equitable Distribution Lawyer what you want. Not what’s
fair, but what you prioritize, what you put a premium on. Some decisions may be purely
financial, others may be of a more sentimental nature. All of divorce is a compromise
and knowing what’s most important to you (what to fight for, what to let go of) can help
as the Court, you, your lawyers.
Review the numerous factors which the Court must consider in its attempt at equitable
distribution. They may include but are not limited to the length of your marriage, the
ages of you and your spouse, the contribution by each spouse during the marriage.
Additional factors may be physical and mental health issues. Also coming into play is the
question of whether both spouses worked equally, as well as parented equally were the
day-to-day realities of child-rearing (the packing of school lunches, the endless trips to
soccer practice or the pediatrician’s) equally divided or fell harder on one set of
Numerous other factors may be considered by the Court: what is the education of both
parties? The socioeconomic backgrounds, the earning potential, the comparable
standard of living lifestyle? As you can see there is no real end to the various factors the
Court may consider, and it’s best to have reviewed them all with your New Jersey
Equitable Distribution Lawyer.
Rarely does anyone come out of a divorce thinking it was fair. Yet that’s the impossible task
imposed upon the Court: to distribute everything fairly, or equitably.
Invaluable Legal Guidance
At O’Cathain Law Group we have a simple motto. Two words that point towards what’s next:
Move Forward. And we want to help you Move Forward as fairly as possible.
Contemplating divorce and wondering how it could possibly be fair? We can help. Call our
offices, fill out the intake form, or email a dedicated Family Law paralegal to speak with a New
Jersey Equitable Distribution Lawyer at O’Cathain Law Group.