65 Madison Ave · Suite 420 · Morristown, NJ · 07960

¡Attention TAC People!

Press 'p' on your keyboard to make this palette go away.

Max width: 1200px
Color Hex R G B
Blue from Logo#003d65 0 61 101
Darker Blue#021020 2 16 32
Red from Logo#780500 120 5 0
Darker Red#400000 64 0 0
Gray from Modern Firm Site#f3f2ed 243 242 237
Bright, Light Blue#ccebff 204 235 255
Form Input Background Blue#accfe6 172 207 230
Slightly Darker Blue#002e4d 0 46 77
Slightly Darker Gray#e6e5e0 0 46 77
Darker Gray#cccbc7 0 46 77
Lighter Logo Blue#005c99 204 235 255
Login Link Blue#598fb3 89 143 179
Slighty Lighter Red#99150f 153 21 15
Slighty Darker Gray#b3b2ae 179 178 174
Hunter Green#013b23 1 59 35
Lighter Green #025935 ? ? ?
Beige Charcoal #1f1e1e ? ? ?
"Metallic Gold" #D4AF37 ? ? ?
"Darker Green" #012e1b ? ? ?

How Does Marital Property Get Divided Part 1

Morris County NJ Property Division AttorneysThere are many misconceptions about what constitutes marital property, and what does not. Some believe that property acquired during the marriage in one spouse’s name remains their sole property post-divorce. Others oHoehave the completely opposite belief that any property acquired during the marriage, from any source, regardless of whether received by means of inheritance or gift, goes into the marital pot for distribution. There are also those who assume credit card debt accumulated by one party during the marriage is not a joint liability. None of these assumptions are correct.

In New Jersey, the process of dividing marital property is referred to as “Equitable Distribution.” This means that marital property is divided between the couple in a fair manner, but not necessarily equal. Before even considering how marital property should be divided, marital property must be identified.

Under New Jersey law, any assets or liabilities (debt) a married couple acquires either individually or together during the marriage is considered marital property, no matter how the property is titled at the time of divorce. Therefore, generally speaking, assets which were inherited or gifted to one party during the marriage, is not considered marital property. Marital property can include the following:

1. Real estate purchased by the parties during the marriage;

2. Businesses;

3. Vehicles;

4. Retirements assets, such as pensions, 401Ks, profit sharing plans, stocks and bonds;

5. Checking accounts, savings accounts, brokerage accounts;

6. Household furnishings, collections, clothing, personal effects; and

7. Life insurance.

This list is by no means exhaustive. An experienced divorce attorney can assist you in reviewing the marital property acquired during your marriage and identifying property subject to equitable distribution. Contact our office to discuss your matter and the effect of equitable distribution laws in your specific case.

By Maria A. Giammona, Esq.

Source: N.J.S.A. 2A:34-23.1

Begin Your Conversation

  • Disclaimer: Contacting our firm via the internet does not create an attorney-client relationship. Please do not send any confidential information through this form.

Contact Our Morris County Office



Morristown / Morris County Law Office

65 Madison Ave

Suite 420

Morristown, NJ 07960

Morris County Mediation Office Map