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Standard for Modifying Equitable Distribution

If you want to modify your alimony, child support, child custody, or parenting time agreements in New Jersey, you can, based upon a change of circumstances. If you want to modify an equitable distribution, you are able to do so. However, a modification of equitable distribution is not granted based upon a change of circumstance but is subject to some very specific conditions.

Under New Jersey law, "equitable distribution" does not mean "50-50," but it is a division of the property that the court decides is fair to both parties after taking numerous factors into account. These factors include: the length of marriage, the current value of the property, how much each spouse can earn in the marketplace, and what both spouses owe, for example.

The grounds for setting aside a property settlement are:

  • Mistake
  • Inadvertence
  • Surprise of excludable neglect
  • Fraud
  • New discovered evidence

(This standard is found in New Jersey Rule of Court R. 4:50-1.)

Was There a Mistake Made in Your Equitable Distribution? Call Us.

If you think the court made a mistake in creating your equitable distribution, or you if have newly discovered evidence that could change your current distribution, talk to the experienced Monmouth County divorce attorneys at the Law Offices of Steven P. Monaghan, LLC. Through our founder, Steven Monaghan, we have a deep knowledge of marital law, because the New Jersey Supreme Court has certified Steven Monaghan as a matrimonial law attorney.

Contact on of our divorce lawyers in Monmouth County by calling (732) 624-6343 or by completing the online form. Your initial consultation is always free.

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