Legal Question in Family Law in New Jersey
Asset Distribution when an illegitimate child is involved
My wife and I were married 10 years in September. I brought into the marriage some assets including land that was given to me and a house that I built and completed just before we were married and a fairly large 401K/IRA account. She had an affair --name removed--t know when it started) and ended up getting pregnant and hiding it from me. She told me just before Thanksgiving '04 and has abandoned the marriage. I believe we're going to try to settle things as adults and work through the assets ourselves. What is she entitled to so I can have a basis to work from as we begin talks about jointly held assets. Should I retitle some of my assets that are in my name?
3 Answers from Attorneys
Re: Asset Distribution when an illegitimate child is involved
Assets held in your name prior to the marriage,which have not been commingled, are not "marital assets," however, you are facing several legal hurdles.
First, there is a presumption that the child your wife is carying is your child, and unless your wife consents, you will need an attorney to assist you, else you could end up paying child support all the way through college expenses.
Second, in working through the assets, you will need to determine just how much was marital and how much was not. I recommend yur retain counsel to assist you on this, since it is often the subject of most dispute and later problems.
Feel free to e-mail me if you have any specific questions.
Re: Asset Distribution when an illegitimate child is involved
Whatever you brought into the marriage is yours,
alone, except any increase in value contributed
to by your spouse. If you placed funds or the house in both your names you made a gift to your
wife. I would suggest an office consultation because some back and forth is required for a
thorough consultation.
Gary Moore, Esquire
Hackensack, New Jersey
800273 7933
www.garymooreattorneyatlaw.com
Re: Asset Distribution when an illegitimate child is involved
You need to consult with an attorney immediately since your answer is more complicated than a quick internet answer. However, in general, I can tell you that pre-marital assets that have remained in your own name would likely not be subject to equitable distribution. You should also know that there may be a complication concerning the child, since you will be presumed to be the father. You need immediate legal advice. Keep in mind that this advice is based purely on the little bit ofinformation that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
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