Legal Question in Family Law in New Jersey

Re: Pension while seperated

There is a lot of ground to be covered here and not enough information to decide the correct course or advice. You need to see a lawyer and cover all the variables that may be left out here in this small space.

Maybe your husband of 31 years gave you half of what is already yours under NJ pension equitable distribution. You may have signed off to allow him to skip survivor's benefits and that could be a big mistake as you would get nothing if he dies before you.

A retiree generally gets less up front to not protect a surviving spouse and that can risk your share. It is usually well worth the cost of a consultation fee.

Generally inherited assets are exempt from equitable distribution as part of divorce unless he put your name on it. The issue is that you may have a right to joint occupancy of the principal marital residence regardless of exemptions of that asset or title.

Please contact me as I have over 25 years of experience in the law and in divorce work. You may look me up from the information provided here. You risk too much to ride without legal protection and knowledge guiding you.

Re: Pension while seperated

Inheritance is not part of the marital estate and is not subject to equitable distribution, unless he placed your name on the deed to the house.

He is require to continue doing for what what he has done for thirty years, whether he is retired or

works as a police officer.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Pension while seperated

Unless there is a court order, he technically doesn't have to do much. Might be time to get an attorney.

Re: Pension while seperated

You are asking serious questions that are difficult to address in this forum.

However, New Jersey is an "equitable distribution state." This means that in a divorce in New Jersey, any property that is acquired during the marriage must be divided in an equitable manner. Therefore, any marital property must be distributed either by a voluntary agreement of the parties or by an order of the divorce court.

Equitable distribution basically is the process as to how marital assets will be distributed. The distribution of marital assets is always very hotly contested and emotionally charged. In many cases, the parties actually become violent when they try to reach an agreement as to how to split up the marital assets.

The main theory of equitable distribution is that a marriage is an economic partnership. Therefore, each spouse is entitled to a share of the marital property.

There are many factors that a court takes into consideration when it determines how to equitably distribute the marital assets.

Besides the equitable distribution, there is an alimony component, and retirement questions.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.