Articles Posted in Equitable Distribution

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wedding handA  prenuptial agreement (also called antenuptial agreement or premarital agreement) is a contract that parties enter into before a marriage (or a civil union) in which they make provisions for equitable distribution of assets and/or spousal support in the event of a divorce.   One New Jersey Court stated, “antenuptial agreements fixing post-divorce rights and obligations [are] … valid and enforceable” and courts should “welcome and encourage such agreements at least ‘to the extent that the parties have developed comprehensive and particularized agreements responsive to their peculiar circumstances’.”  D’Onofrio v. D’Onofrio, 200 N.J. Super. 361, 366 (App. Div. 1985). Continue reading ›

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625807_the_rings     The process of deciding and moving towards a divorce is a vexing and stressful time for anyone.  We ask our friends and families questions:  some stupid, some obvious, others befuddling and perplexing about what we should do when our marriage is not going as we had hoped or planned.   Continue reading ›

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In 1971, New Jersey enacted Divorce Reform Legislation thereby placing in the forefront  an “Equitable” standard for the distribution of property when people divorce, replacing the long previously held universal rule that when people divorce, property is divided according to title to the property.  Continue reading ›

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Unraveling a family’s marital finances in a divorce can be daunting task.  In all contested New Jersey divorce actions where there is any issue as to custody, support, alimony or equitable distribution, both parties magnifying glassare required to file with the court and serve on the other party a form known as a Case Information Statement, commonly referred to as a “CIS”.  However many mistakenly refer to this form as a “CSI” Continue reading ›