Property Distribution

In New Jersey, the property of the parties are divided by applying the concept of equitable distribution. This means that all of the property, including all assets and liabilities, that the parties acquired from the date of the marriage through the ending date of the marriage, with some notable exceptions, can be divided by the Court in any matter that the Court thinks is equitable, or fair.

In making a distribution of property, the Court is required to consider, but is not limited to, factors that include:

1. The duration of the marriage;
2. The age and physical and emotional health of the parties;
3. The income of property brought to the marriage by each party;
4. The standard of living established during the marriage;
5. Any written agreement made during or before the marriage concerning property distribution;
6. The economic circumstances of each party at the time of the division of property;
7. The income and earning capacity of each party;
8. The contribution of each party to the education, training or earning power of the other;
9. The contribution of each party to the acquisition, dissipation, preservation appreciation or appreciation in the amount of the value of the marital property;
10. The tax consequences of the proposed distribution in each party;
11. The present value of the property;
12. The need of the parent who has physical custody of a child to own or occupy the marital residence and to use or own the household;
13. The debts and liabilities of parties;
14. The need for creation, now in the future, a trust fund to secure reasonable medical educational costs for a spouse or a child; and
15. Any other factors the Court may deem relevant.
    
    

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