An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage. The basic rule is that any property received via gift or inheritance during the marriage is exempt from equitable distribution. When advising people, to the end of that sentence, I usually add something like, “provided that it
Commingling
The Commingling of Separate Assets with Marital Property in Equitable Distribution
By Fox Rothschild LLP on
Posted in Divorce, Equitable Distribution
New Jersey’s Equitable Distribution Statute guides courts to consider several factors in deciding how to distribute property upon the dissolution of a marriage. For instance, courts consider, among other factors, the duration of the marriage; the income or property brought to the marriage by each party; the economic circumstances of each party at the time the…