Divorce and Equitable Distribution
Attorney Blake Rush brings more than 10 years of experience to representing spouses in amicable and contested divorces throughout Central/Northern New Jersey and Eastern Pennsylvania.
In almost any divorce, one of the most important issues the parties need to address is the division of their marital property. This can be a complicated – and often emotional – process, and in our experience many spouses go into their divorces without fully understanding just how much property they have that needs to be divided. To help you avoid this issue, our Divorce Quick Start Guide provides some tips for making sure you know exactly what is at stake in your divorce.
At the Law Office of Blake W. Rush, we have extensive experience representing clients in both simple and complex, high net-worth divorces. While most of our clients are able to resolve their divorces amicably, when necessary we do not hesitate to enforce our clients’ rights in court. We offer free, confidential initial consultations, so if you would like to speak with attorney Blake Rush about your divorce, please contact us today.
Understanding the “Equitable Distribution” of Marital Property
In both New Jersey and Pennsylvania, marital property gets divided according to the principles of “equitable distribution.” Equitable does not necessarily mean equal; and, in many cases we will work with clients to structure property divisions that take into account financial support obligations and various other factors involved in their overall divorce settlements.
Depending on your personal circumstances, the assets subject to equitable distribution in your divorce may include:
- Real estate (including the family home)
- Physical assets (such as collectibles, jewelry, artwork, furniture and vehicles)
- Family businesses
- Professional practices
- Profit-sharing plans
- Stock options
- Investment and bank accounts
- Pensions and retirement accounts
Importantly, legal title has very little to do with spouses’ rights in a divorce. For example, the fact that your spouse may be listed as the sole owner of a house or vehicle does not mean these assets will be excluded from your equitable distribution.
Equally important, it is highly likely that some of you and your spouse’s property will not be subject to equitable distribution. If you or your spouse owns assets that qualify as “pre-marital” or “separate property,” those assets will likely not factor into the equitable distribution in your divorce.
In addition to representing clients during the divorce process, a significant portion of our practice also involves representing clients in post-divorce matters. This commonly includes things like preparing/enforcing qualified domestic relations orders (QDROs), enforcing spouses’ obligations to release distributed marital assets, dividing investment accounts according to the terms of the couple’s divorce agreement, and modifying alimony or child support obligations
Learn More about the Other Aspects of an NJ or PA Divorce
For most individuals, property division is just one of a number of key issues involved in their divorce. Learn more about the other issues commonly involved in New Jersey and Pennsylvania divorces:
- Child Custody and Visitation
- Alimony and Child support
- How Your Pre-Nuptial Agreement Can Affect Your Divorce
Schedule a Free, Confidential Consultation with Divorce Lawyer Blake Rush
To find out more about what you can expect during your divorce, schedule a free, confidential consultation with attorney Blake Rush. Call us at (908) 713-9800 or request an appointment online to get started today.