Did You Know
Divorce Resources - Maleski Eisenhut & Zielinski, LLC, Flemington NJ

Assault - If a spouse assaults or otherwise injures the other spouse during the marriage, a claim must be filed with the divorce complaint or else the right to recover damages may be lost.

Equitable Distribution

The allocation of assets and debt in New Jersey is called "equitable distribution." It is important to note that equitable does not mean equal; it means fair.  Generally assets and debt, which are subject to division are those that were acquired during the marriage. Sometimes, however, assets that are acquired during the marriage may not be divisible; rather they may be exempt from distribution.  This may be applicable where an inheritance or gift is received by one spouse and that asset is maintained separately by that spouse during the marriage, and not commingled. If you think that you may have an asset which is exempt, it is important to speak to an attorney to verify and ascertain whether your belief is accurate as the analysis is fact sensitive.

Generally, assets and debt acquired prior to the marriage are exempt from division. However, there are situations where those assets may be commingled or may otherwise be transmuted to marital assets to lose their exempt nature. This depends on the circumstances, and a spouse should consult with an attorney to obtain independent and fact specific legal advice.