The End Date of Distribution
Monmouth County Attorneys Helping Individuals Move On
You may be wondering — as many of our clients do — when the marital portion of property, debt and retirement contributions comes to an end.
For most of our clients, the answer to that is at the filing of the divorce complaint. However, there are exceptions recognized by the courts.
If you would like to know when the marital portion of your case will end, contact our office at the Law Office of Steven P. Monaghan, LLC today. We have everything you need to ensure a thorough, efficient case.
Your Marital Portion Does Not Always End at Filing
According to New Jersey case law, if a divorcing couple can provide "incontrovertible evidence" that the termination date for their marital portion should be different than the date their divorce complaint was filed, the court will recognize the other date.
In several court cases,*** the court has defined "incontrovertible evidence" as:
|Scenario #1||Scenario #2|
|Written agreement to separate that includes support or property settlement divisions||Oral agreement to separate|
|Physically separated||Actually divided a large part of the marital assets|
In either of these situations, the date that the marital portion is said to end is near or on the date of agreement, and not on the date the complaint for divorce was filed.
However, if you and your spouse have done none of these things, then the complaint for divorce will likely be the end date of your marriage.
Not Sure When The Marital Portion Will End in Your Case? Talk to Us.
Although it is true that the date of filing the complaint for divorce is not the only date that can be the end date for the marital portion, the only way to know for sure is to contact the experienced divorce lawyers at the Law Office of Steven P. Monaghan, LLC. With 60+ years of combined experience, we are ready to guide you!
To schedule your free initial consultation, call our office today at (732) 624-6343.
*Zappala v. Zappala, 222 N.J. Super. 169, 172 (1988)
**Id.; see also¸ Painter v. Painter, 65 N.J. 196 (1974)
***Smith v. Smith, 72 N.J. 350 (1977), DiGiacomo v. DiGiacomo, 80 N.J. 155 (1979), Brandenburg v. Brandenburg, 83 N.J. 198 (1980)
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