Legal Question in Family Law in New Jersey

Re: custody and retirement funds

As to your custody question, probably the only good thing that the feminist movement has done for us (sorry for the bias)as a society, is giving men more equal footing in child custody arrangements. The mother does not always get custody. All custody decisions are made "in the best interest of the child". And, the issue of who gets custody is sometimes not the point. The more relevant factor is who the parent of primary residence would be and who the parent of alternate residence would be. And, to confuse this matter further, it is the more usual situation that both parents have substantial input into the well being of their children.

As to your retirement funds issue, any amount of retirement funds that accrued prior to the marriage is separate property and not subject to equitable distribution. All funds accrued or earned during the marriage are considered to be marital assets and subject to equitable distribution.

Keep in mind that this advice is based purely on the little bit of information 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

Re: custody and retirement funds

A brief marriage does not justify alimony payments. A marriage of several years justifies temporary alimony if need and if possible. A ten year marriage justifies permanent alimony for the spouse who is unable to support his or her self in the manner she or he lived during the marriage. What is acdquired during the marriage which is not a gift or inheritance or to compensate a person injury is normally split equally between the parties.