Equitable Distribution is the division of assets and property.

Equitable Distribution

Under the state of New Jersey, there is “equitable distribution” of property.  This means the property is divided in a fair manner depending on your circumstances and the judge may not necessarily order a 50/50 split.  A fair distribution of assets can be reached through mediation. In New Jersey there is equitable Distribution.

E. NJ Statute: 2 A: 34-23.1  Equitable Distribution.

In making an equitable distribution of property, the court shall consider, but not limited to, the following factors:

  •  The duration of the marriage.
  • The age and physical and emotional health of the parties.
  • The income or property brought to the marriage by each party.
  • The standard of living established during the marriage.
  • A written agreement made by the parties before or during the marriage concerning an arrangement of property distribution.
  • The economic circumstances of each party at the time the division of property become effective.
  • The income and earning capacity of each party.
  • The contribution by each party to the education, training or earning power of the other.
  • The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker.
  • Tax Consequences.
  • The present value of the property.
  • The debts and liabilities.
  • Trust funds.
  • The extent to which a party deferred achieving their career goals; and any other factors which the court may deem relevant.

It shall be a rebuttable presumption that each party made a substantial financial or nonfinancial contribution to the acquisition of income and property while the party was married.

L.1988,c153,s.4;amended 1997, c.407.