Legal Question in Family Law in New Jersey
nj no fault state
this is a two part question. first is new jersey a no fault state in terms of divorce. second is disability compensation included in community property or not. disability is a service connected disability through military service and is non taxable.
3 Answers from Attorneys
Re: nj no fault state
In New Jersey, one can obtain a no-fault divorce after 18 months of separation. New Jersey is not a community property state.
Re: nj no fault state
NJ has a "no fault" cause of action for divorce. You must be separated for 18 months, living in separate residences for that period of time in order to file for divorce based upon that cause of action. It has no bearing on the other issues in the divorce. As far as a disability pension, first, be aware that New Jersey is an equitable distribution state, not a community property state. Secondly, the answer to your question is complicated. There is law that supports both sides of the issue as to whether a disability pension is an asset to be distributed in equitable distribution or a stream of income for support purposes. The Court is basically called upon to make a determination on a case by case basis, depending upon the terms of the disability. I believe the stronger argument to be that it is not an asset subject to distribution. If you would like to further discuss this matter, please contact my secretary, Debbie, at 856-795-6700 to schedule a consultation.
Re: nj no fault state
New Jersey is a no fault state and I would expect to discover that disability payments are not distributable and are two small to justify the payment of alimony.
I would have to research the issue raised by disability payments.
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