58 Rector Place

Red Bank, NJ 07701

Mon-Fri: 9:00 AM - 5:00 PM


Office Adress

58 Rector Place Red Bank, NJ 07701

Mon-Fri: 9:00 AM - 5:00 PM


(732) 741-2600


Equitable Distribution Lawyer in Red Bank, NJ

Equitable Distribution

Getting You What You Deserve

If you are considering divorce, it is important to understand the potential issues which you might encounter as it relates to the division of property. Marital property is divided in New Jersey under what is known as “equitable distribution.” The purpose of equitable distribution is to divide assets and debts 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. 

While equitable does not mean equal, parties will normally split their assets and debts down the middle. This will involve you and your spouse going through and deciding what counts as a marital asset, have it accurately priced, and deciding to whom it will be awarded to. Assets commonly divided between couples during a divorce include:

While assets will be divided fairly, they will not necessarily be divided equally. For instance, one party might sacrifice an asset that has more monetary value in order to keep an asset that holds more personal value. In the case of neither party being able to reach an agreement between a specific asset, the Court will intervene, and award the asset to whom it believes needs it the most. Factors that the Court will take into consideration in deciding whom the asset will be awarded to include:

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. It is highly recommended that these issues and assets be settled between your spouse and yourself privately, rather than in the Courts in order to ensure the best possible outcome for the division of your assets. 

Spouses may attempt to hide assets from the other so as to shield them from equitable distribution. Substantial assets can be hidden, so attorneys use discovery tools and forensic experts to unearth undisclosed assets. If you suspect your spouse is hiding assets, an attorney is vital in your case so you can get what is rightfully yours. 

The New Jersey divorce lawyers at the Law Offices of Sylvia S. Costantino, Esq., LLC will work with you to ensure that everything you need, whether it is for monetary or emotional reasons, is kept in your possession and that assets are divided fairly between you and your spouse. Contact us today to set up an appointment and ensure that you are given fair and equal treatment.