Header graphic for print
NJ Family Legal Blog Pertinent Information As It Relates To New Jersey Family Laws

Category Archives: Equitable Distribution

Subscribe to Equitable Distribution RSS Feed

The Matrimonial Millstone: An Exit Strategy from a Detached Defendant

Posted in Alimony, Child Support, Counsel Fee Awards, Divorce, Equitable Distribution, Visitation/Parenting Time

In the early 20th century, Dr. Duncan MacDougall attempted to quantify the mass lost when the soul departed the body upon death. This study has perpetuated the weight idiosyncratically known as “21 Grams.” Although this theory has largely been dismissed by later studies, the better question is: how much weight does your soul bear going… Continue Reading

TO DEFAULT OR NOT?

Posted in Divorce, Equitable Distribution, Practice Issues, Uncategorized

So you’ve made the decision to get divorced.  It hasn’t been an easy decision to make.  You’ve hired an attorney and filed your Complaint.  You wait for your spouse to respond.  Nothing.  One month later; still nothing.  Another month; more nothing.  In the meantime, you are living together in misery.  Bills aren’t getting paid.  The… Continue Reading

WHEN DOES “ENOUGH” MEAN WHAT YOU ARE ENTITLED TO?

Posted in Alimony, Divorce, Equitable Distribution, Practice Issues

When I am representing the payee spouse (frequently also known as the financially inferior spouse, the spouse whose earning capacity pales in comparison to the payor spouse, and the like), I find it interesting when the attorney for the payor spouse tells me that my client should simply be happy with what her soon-to-be former spouse… Continue Reading

GITAL IS FREE – LESSONS IN HERD MENTALITY AND THE STRUGGLE FOR A GET

Posted in Divorce, Domestic Violence, Equitable Distribution, Practice Issues, Uncategorized

Herd mentality is an interesting thing.  It basically describes how people are influenced by their peers to adopt certain behaviors, follow trends, or purchase certain items.  While typically anthropologists thought of this as a survival instinct – i.e. people in groups who espouse common goals may survive longer in pre-industrialized society – it has gotten… Continue Reading

(UN)REASONABLE COMPENSATION – AN EASY WAY TO MANIPULATE VALUE IN A BUSINESS VALUATION

Posted in Equitable Distribution, Practice Issues

We deal with a fair number of cases where a spouse’s interest in a business has to be valued for equitable distribution purposes.   While there are many objective parts of a business valuation report, reasonable (a/k/a replacement) compensation is subjective.   That is why this is one of the first things I look at when partisan… Continue Reading

SEVEN DEADLY SINS OF DIVORCE: GLUTTONY

Posted in Alimony, Child Support, Custody, Divorce, Domestic Violence, Equitable Distribution, Modification, Other, Practice Issues, Visitation/Parenting Time

A new report in Scientific American Mind suggests that humans who tend to overeat may develop the same patterns of neural activity as drug addicts. For example, in 2006, a physician at substance abuse center in Michigan noticed that many of his patients had recently undergone bariatric surgery to lose weight.  When they succeeded, patients… Continue Reading

THE GRAY DIVORCE AND ITS EFFECTS ON YOUR EX’S SOCIAL SECURITY BENEFITS

Posted in Alimony, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Practice Issues, Property Settlement Agreements

Several weeks ago, I wrote a blog post about “The Gray Divorce” phenomenon now sweeping the nation.  As I highlighted in my blog post, whereas the divorce rate among those 50+ was only 10% in 1990, it is now a staggering 25%. While certainly an interesting statistic and perhaps a telling sociological commentary on the… Continue Reading

THE BUTTERFLY EFFECT AND THE GRAY DIVORCE; A THEORY IN PROGRESS

Posted in Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues, Resources

It has been said that something as small as the flutter of a butterfly’s wing can ultimately cause a typhoon halfway around the world – Chaos Theory This is one of those “butterfly effect” theories, which I always love.  It tells us how a woman flapping her proverbial wings in the 1950’s and entering a… Continue Reading

DIVORCE RESOURCE: NEVER UNDERESTIMATE THE VALUE OF EXPERTS

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Property Settlement Agreements, Resources, Visitation/Parenting Time

Last week, I blogged about the Information Asymmetry and how important it is for you to educate yourself going in to the divorce process so that you can meaningfully assist your attorney with your case.  But what about your attorney? And what about your Judge?  Isn’t it important for them to also be as informed… Continue Reading

Should you Change Your Attorney Mid-Stream?

Posted in Divorce, Equitable Distribution, Other, Practice Issues, Privacy and Confidentiality

Yesterday, I met with a potential client who was considering changing attorneys in the middle of a divorce.  Although dissatisfied with the present counsel, the  potential client expressed concerns that the judge might have a negative opinion if there was a change mid-stream. The lawyer client relationship is tough in many aspects. You have a… Continue Reading

THE GRAY DIVORCE: BABY BOOMERS FLOCKING TO DIVORCE COURT IN DROVES

Posted in Divorce, Equitable Distribution, Estate and Trust Issues, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Resources

Baby Boomers have always been trendsetters.  They were the first generation to rock out to bands such as the Beatles and they were the generation that was on the front lines of the feminist and civil rights movements.  Baby Boomers are culturally associated with rejection and redefinition of traditional values. And holding true to their… Continue Reading

THE INFORMATION ASYMMETRY AND THE DIVORCE PROCESS: AN UNLIKELY PAIR

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Practice Issues, Prenuptial Agreements, Property Settlement Agreements, Tax Exemption, Visitation/Parenting Time

What do divorce and economics have in common?  Well, a lot. But today I am focusing on the unlikely link between the theory of information asymmetry – which deals with the study of decisions in transactions where one party has more or better information than the other – and the New Jersey Divorce App.  … Continue Reading

ASSET IDENTIFIER: THERE’S A (NEW JERSEY DIVORCE) APP FOR THAT

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, College, Counsel Fee Awards, Divorce, Equitable Distribution, Interspousal Agreements, Practice Issues

Today, I am highlighting another feature of our New Jersey Divorce App, the Asset Identifier.  While the “Finance Tracker” gives you the ability to input your more commonly identifiable assets such as your house, car, boat, bank accounts, the Asset Identifier does something a little bit different. It is important when considering what each party… Continue Reading

Tracking Finances: There’s a (New Jersey Divorce) App For That.

Posted in Alimony, Child Support, Civil Unions and Domestic Partnerships, Cohabitants' Rights, College, Counsel Fee Awards, Custody, Divorce, Equitable Distribution, Estate and Trust Issues, Interspousal Agreements, Mediation/Arbitration, Modification, Other, Practice Issues, Prenuptial Agreements, Privacy and Confidentiality, Property Settlement Agreements, Resources, Tax Exemption, Uncategorized

Oftentimes I hear from clients that gathering their financial information is the most daunting task they will face during the divorce process. They picture being buried in an avalanche of documents, account numbers and canceled checks. The New Jersey Divorce App’s Finance Tracker can help.  In fact, I have recommended it to my clients before,… Continue Reading

Equitable Distribution of the Marital Home – Things to Consider that Aren’t Always Considered

Posted in Equitable Distribution, Practice Issues

Back in April of this year, I participated on a panel for the matrimonial track at the New Jersey Association for Justice Boardwalk Seminar regarding top financial mistakes in divorce.  Whether because nobody likes to admit mistakes or otherwise,  it seemed better to discuss best practices and/or things that could be overlooked. The following are some of the… Continue Reading

DEFERRED COMPENSATION – INCOME, ASSET OR BOTH?

Posted in Alimony, Child Support, Equitable Distribution, Practice Issues

 Very often, we deal with cases where our client or his/her has compensation from employment that is more than just salary plus bonus. Rather, with all of the financial services companies, pharmaceutical companies and other corporations in this area, we see all sorts of different compensation structures, including stock options, restricted stock, RSUs, REUs, etc…. Continue Reading

Sloppy Drafting of Marital Settlement Agreements Can Cause Great Harm – Usually to only one of the parties

Posted in Equitable Distribution, Modification, Practice Issues

In a perfect world, marital settlement agreements (MSAs a/k/a Property Settlement Agreements) are crystal clear and cover every possible contingency under the sun (I say this as when first drafting this post, I was being contacted frantically by a client regarding custody provisions in the event of school closure because of hurricane.)  That perfect world rarely… Continue Reading

ESTATE CAN ATTEMPT TO RECOVER FUNDS AGAINST DESIGNATED BENEFICIARY DUE TO WAIVER IN DIVORCE

Posted in Equitable Distribution

As part of the give-and-take negotiation process involved with Marital Settlement Agreements, oftentimes one party will waive his or her right to the proceeds of the other party’s retirement plan assets.  What happens, however, when the spouse retaining those assets dies before changing the former spouse as the retirement plan’s designated beneficiary?   While one might… Continue Reading

DIVORCING YOUR CREDIT REPORTS

Posted in Equitable Distribution

Going through a divorce can be overwhelming – equitable distribution, visitation, alimony, child support, division of retirement accounts, where to live, re-entering the workforce.  All of these are important, long-lasting decisions.  But there is one thing that many people fail to consider during a divorce………..divorcing your credit reports.   Today, your credit report can have… Continue Reading