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What happens to the family business during a divorce? Are retirement savings and pensions separate property? How to prepare for divorce mediation Considerations for social media during and after divorce 4 communication tips for successful co-parentingBlog Category | Property division
When dissipation of assets impacts the marital estate
Dividing property is often one of the biggest challenges during divorce. Spouses have to put together inventories of their resources and determine what they are worth. They then need to negotiate with one another to determine how the assets will be divided. In some...
Continue Reading4 signs your soon-to-be ex-spouse may be hiding assets
Your spouse hiding assets during divorce can prevent fair division. That’s why it’s crucial to spot any missing assets on your spouse’s list or when a detail, such as income, is misrepresented. Uncovering hidden assets is integral to fair and equitable distribution. But how...
Continue Reading5 things that can invalidate a prenuptial agreement
A prenuptial agreement can set up financial expectations for you and your future spouse. It can contain information about who will get specific assets if you go through a divorce. Some prenups also cover the assignment of debts that originated before a marriage. While...
Continue ReadingThree reasons to draft a prenuptial agreement
Prenuptial agreements have grown in popularity, with the number of couples choosing to draft one rising from 3% in 2010 to 15% in 2022. Although prenuptials are no longer the province of only extremely wealthy couples in New Jersey, many people shy away from...
Continue ReadingWhat to remember when divorcing with an art collection
Some people living in New Jersey like collecting all sorts of items. Certain individuals enjoy starting and adding to valuable art collections. If you own art and are going through a divorce, worrying about the future of your priceless pieces is understandable. Create a...
Continue ReadingProperty division in New Jersey
New Jersey is among the 41 states that have equitable distribution rules. Therefore, a judge may divide property fairly when a person gets divorced, but each spouse may not get 50% of the assets. The judge will generally consider many factors about each person’s...
Continue ReadingDetermining whether a prenuptial agreement is right for you
A prenuptial agreement, or “prenup” for short, is a legal contract between two individuals who are planning to get married. The purpose of a prenup is to determine how assets will be divided in the event of a divorce or separation. While prenups are...
Continue ReadingHow businesses are impacted by divorces
A divorce can be a complicated affair regardless of your net worth or whether it is settled inside or outside of a New Jersey courtroom. However, if you own a business, ending your marriage may result in chaos for workers, investors and others who...
Continue ReadingHow to manage your social media usage during your divorce
The best approach to social media for New Jersey couples who are going through a divorce is to avoid it altogether. However, this is impractical for many people. In that event, there are certain guidelines that you should follow. Privacy First, lock down your...
Continue ReadingWhat is equitable distribution in New Jersey?
New Jersey is a state that uses equitable distribution to divide property when a couple divorces. Equitable distribution isn’t a 50–50 split of marital property like some may think. It’s a fair division of marital property in a divorce, which may or may not...
Continue ReadingHow to keep real property in a divorce
If you choose to end your marriage, there is a chance that you will cede control of your New Jersey home to your spouse. There is also a chance that you will cede other properties that you own at the time of the divorce....
Continue ReadingHow to retain college savings during a divorce
There are always many things to consider during a divorce. Property division in a New Jersey divorce could potentially impact your child’s college savings, which might be disastrous. However, you can take steps to protect your child’s future education. Keep an open line of...
Continue ReadingWill your business be considered shared property during your divorce?
If you’re getting a divorce in New Jersey and own a business, it’s important to know that your company could be considered a shared asset. When your marital assets are divided, there are several ways in which your business might be affected. Knowing what...
Continue ReadingValuing a professional practice during a divorce
Professionals in New Jersey should understand that their practice may be viewed as a marital asset during any divorce proceeding. That means that, like the house, retirement accounts and checking account, it will potentially be divided with a portion of the value given to...
Continue ReadingIs your spouse hiding assets?
When working through divorce, you would hope that your spouse would at least not work against you. But unfortunately, that is not always the case. Sometimes, a spouse might try to use the confusion and turmoil of divorce to make some personal gains. This...
Continue ReadingHow may New Jersey divide executive compensation in a divorce?
A divorce involving a highly compensated executive may entail dividing valuable stocks and other employer benefits provided as bonuses or incentives. Under New Jersey’s equitable distribution laws, you may have a right to receive a fair share of his or her compensation package as...
Continue ReadingWhat unique hurdles do grey divorcees face?
Grey divorce refers to anyone who gets divorced in their 50s or later, compared to younger divorcing couples. But age is not the only factor that plays a role in differentiating grey divorce. In fact, grey divorcees often face more hurdles than younger couples....
Continue ReadingWhat should you do with your marital home?
Deciding to divorce your current spouse means deciding what to do about your marital home. Which options do you have, and which makes sense for you? U.S. News & World Report may help you decide how to handle property division in a divorce. Explore...
Continue ReadingIdentify and categorize your assets ahead of property division
If you and your spouse have decided to end your marriage, you may feel apprehensive about the property division phase of the divorce. The effort to assemble your financial information takes time, but it will help you identify and categorize your assets for a...
Continue ReadingWhat do you know about selling a home during a divorce?
As part of your divorce, you and your current spouse want to sell your marital home. Neither of you knows how to navigate the process, and you want to do things the right way. American Home Agents offers tips for putting a marital home...
Continue ReadingIs your divorcing partner trying to cheat you out of assets?
When going through a divorce, you hope your spouse is as honest and forthcoming as possible. Unfortunately, that is not always the case. In fact, many couples find that at least one spouse has attempted to hide assets. To make sure you get your...
Continue ReadingMicro factors that may affect the value of your family business
If you own a New Jersey business, the recent economic turmoil may affect its value and become a point of contention if you are going through a divorce. The financial impact and fluctuation in asset values could require a valuation for equitable distribution purposes....
Continue ReadingWhat happens to the mortgage when you divorce?
When your New Jersey marriage comes to an end, you need to figure out what to do with your shared assets and debts so that you may move forward with life on your own. If you and your one-time partner share a home and...
Continue ReadingHow can your records help you keep your business?
You have worked hard to build up a profitable business, so if you are preparing for a divorce, you may worry that a court will award your spouse a portion of your business value. This ruling may cause you to sell off the business...
Continue ReadingWhat are ways to negotiate property division?
You may have some personal possessions that you do not want to part with, and yet your upcoming divorce makes it possible or even likely that you will have to sell them off to split the value between yourself and your spouse. Still, it...
Continue ReadingPost-divorce debt responsibilities and realities
Many people struggling in their marriage may fear getting divorced in part due to the financial losses they may experience after splitting their assets with their spouse. Once the decision to divorce has been made, however, spouses realize that they must not only split...
Continue ReadingProperty division in New Jersey: How do pensions fit in the mix?
When a couple makes the decision to divorce, there are a number of issues they need to discuss. One of those is property division. How are assets and debts split when a couple is soon to un-couple? One of the things that could be...
Continue ReadingProperty division and the family pet
Sometimes, when a couple prepares to marry, they agree on a pre-nup. Especially in situations where one or both parties has assets that they want to protect in the event of a divorce, a pre-nup can specify such terms ahead of time. When it...
Continue ReadingDealing with artwork during property division
The property division process can be as unique as the financial makeup of the individuals involved in a divorce. This means that couples that are dissolving their marriages need to be prepared to come up with customized legal solutions to their property division disputes....
Continue ReadingThings to consider before engaging in property division
There’s no doubt that the property division process can shape your post-divorce life. Depending on the outcome of the process, you can be left feeling like you got a fair shake out of your marriage dissolution or you end up feeling cheated. There are...
Continue ReadingProperty division and the family home
Many New Jersey families build a lifetime of memories in their familial home. This can make it difficult to part ways with the residence when a divorce occurs, especially when children are involved because one or both parents may be concerned about how a...
Continue ReadingSeparate bank accounts don’t always avoid property division
Marriage isn’t a one-size fits all arrangement. These relationships can take various forms, and what works for one Marlton couple may not work for another. That is why the relational expectations and the way finances are handled may differ significantly between baby boomer and...
Continue ReadingWorking through a checklist of assets in property division
When some people think about the property division part of a divorce case, they think of splitting everything they own “50/50” with their soon-to-be ex-spouse. However, in New Jersey, that isn’t always exactly how things end up. In family courts in New Jersey, the...
Continue ReadingThe property division problem for stay-at-home parents
In New Jersey, as in the rest of the country, it seems that the vast majority of parents – both mothers and fathers – are in the workforce earning an income. However, approximately 25% of mothers stay at home to take care of their...
Continue ReadingThe complex divorce issue of dividing business assets
Although divorcing spouses oftentimes work together during the legal process to divide assets in a fair manner, there are times when a unique asset can cause friction, even when the spouses are negotiating amicably. Business assets, particularly a family business, can be difficult to...
Continue ReadingA wide range of factors can impact the property division process
When New Jersey residents get stressed out during the property division part of their divorce cases, it is understandable. After all, many married couples spend years – even decades – accumulating wealth together. To have a divorce case implement the necessity of dividing all...
Continue ReadingGet a full view of assets in the property division process
Throughout the course of a marriage most couples in New Jersey will accumulate quite a few assets. Some of the most valuable assets can include the family home, vehicles, retirement accounts and even valuable personal property, such as artwork. When a marriage ends in...
Continue ReadingConsider all your assets in the property division process
Most people have more assets than they realize. This is especially true for married couples. Throughout the course of a marriage, couples will accumulate residential real estate related matters, vehicles, retirement accounts and valuable personal property, just to name a few examples. When a...
Continue ReadingWhat can you do to prepare to talk about property division?
As previous posts here have mentioned, there are quite a number of potential issues to prepare to address in a divorce case. But, for many people, besides the issues that deal with their children, the main concern is property division. So, what can you...
Continue ReadingWhat can you expect in property division with a divorce?
Going through a divorce can be a trying time for any New Jersey resident. There are a litany of issues to address in the divorce process, including child support and child custody in many cases, as well as alimony. But, for many people, the...
Continue ReadingWhat is sentimental value?
When in the midst of the property division that takes place after one files a New Jersey divorce, including a bed and board divorce, the couple must take the important but often difficult and contentious step of putting a value on their marital property....
Continue ReadingHow does one put a value on artwork?
One of the most difficult things to put a precise value on without just selling it is a piece of unique artwork. The fact that fine art is hard to value can present problems during the property division process following a divorce or a...
Continue ReadingWhat is a QDRO?
Even if they have heard the acronym “QDRO” before, many Marlton, New Jersey, residents may not be familiar with the term. QDRO is short for “qualified domestic relations order.” Unlike a divorce decree or other order entered in a family law case, a QDRO...
Continue ReadingHow property division works for unmarried NJ couples
These days, there are many more people in New Jersey who, for whatever reason, choose to live together and maintain a household long term without legally getting married. These couples may have children together, and they may combine their income and assets in such...
Continue ReadingHow do you put a value on a small business?
Many New Jersey residents own their own businesses. Sometimes, this is just a small, part-time operation that supplements income from a husband and wife’s day jobs. At other times, the business really takes on a life of its own and becomes the means of...
Continue ReadingWhat to do and avoid to create a valid prenuptial agreement
Like most other states, New Jersey allows couples contemplating marriage to enter into prenuptial agreements. These agreements, which, incidentally, can also be beneficial even to couples that have never been divorced and have no plans to divorce, help with important property division issues and...
Continue ReadingEnd joint bank accounts and credit cards with the marriage
Over the years of marriage, couples in New Jersey amass a good deal of assets, some of which are very valuable. While of course some assets, such as the family home, are tangible, there are other, less tangible assets, such as bank accounts. However,...
Continue ReadingDon’t forget the engagement ring in a prenup
A prenuptial agreement can prevent many disputes and litigation costs over property division in a New Jersey divorce. Any advantages are more likely if these agreements are well-drafted and address property that has the potential for a dispute. When negotiating and drafting these agreements,...
Continue ReadingHow do courts decide what’s ‘equitable’?
The property division process of divorce is often quite contentious. Considering what is at stake, from your home to future financial security, it is no surprise that people see this step as a battle. However, one way to ease some of the contention associated...
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