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Tag Archives: Equitable Distribution

Divorce And The Minority Corporate Interest Q A

Q:  I am getting divorced, and my husband has a minority interest in a business.  Will I have difficutly getting the necessary “discovery,” or information I need to secure my financial rights?

A:  While you should seek out a consultation with a lawyer to go over your circumstance, the answer is that you should not have difficulty.

“The argument that discovery into the finances of closely held corporations violates privacy interests is satisfactorily dealt with by means of a protective order. Gerson (at 200, 372 A.2d 374) recognized the possible need for such protection, the court stating that ‘If such an examination threatens the legitimate interests of other shareholders or the corporate entity itself, an appropriate protective order limiting disclosure of such information may be sought.'” Merns v. Merns, 185 N.J. Super. 529, 533 (Ch. Div. 1982).

Therefore, while the information will remain confidential between the court, attorneys and the parties (husband/wife), the informaiton will generally be disclosed and pertinent to your divorce.

Dividing Retirement Accounts Pre And Post Marriage

Retirement accounts can often be a “hot button” issue for people going through a divorce. Many people feel that since they are the ones putting forth the effort to work for an employer, they should solely reap the rewards of the retirement monies they put away for their future. While understandable in a sense, the… Continue Reading

April 15th Is Just Around The Corner

As tax season approaches, recently divorced parties should pay special attention to the tax consequences of certain aspects of their settlement agreements or judgments of divorce. The most common question is whether certain payments, such as alimony and child support are taxable events. The simple answer is that alimony is generally taxable as income to… Continue Reading

Oops I Forgot To Change My Life Insurance Beneficiary

Last week, I wrote about setting an annual anniversary date to review your Property Settlement Agreement to make sure that you are in compliance and to make sure that you are not missing an important benefit.  The U.S. Supreme Court highlighted the importance of that approach this week in its decision in Hillman v. Maretta… Continue Reading

Fault Or No Fault That Is The Question

In the state of New Jersey, parties may choose either fault or no-fault grounds for divorce. While this was not always the case, as of the year 2007 a party may choose to file his or her divorce under “irreconcilable differences” instead of choosing another fault-based cause of action. The term “irreconcilable differences” is simply… Continue Reading

Half Of Everything

It is a common misconception that upon divorce the parties will equally divide all of the property, regardless of who acquired it and in which party’s name the property is titled. However, in New Jersey equitable distribution does not automatically mean half. N.J.S.A 2A:34-23 is the statue that governs equitable distribution. Pursuant to this statute,… Continue Reading

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