Equitable Distribution
Marital property is divided in New Jersey under what is known as “equitable distribution.” The purpose of equitable distribution is to divide property acquired on the date the parties were married up to the filing date of the divorce complaint in a manner that is fair and just under the circumstances of your particular case. Equitable does not necessarily mean “equal” to the Court but rather think of equity in the context of fairness. Despite this, the Court can deem any allocation and distribution as “fair” and will consider several statutory factors including but not limited to the duration of the marriage, the standard of living enjoyed during the marriage, etc.
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Equitable distribution is not intended to take the place of support. There are also important tax considerations when deciding equitable distribution and you should consult with an attorney before agreeing to divide marital assets.
























