Legal Question in Family Law in New Jersey

separate bank accounts

My husband and I were married 16 years. During the marriage we maintained separate bank accounts. One account, a checking account of mine was used for bills. My entire paycheck was deposited into this account along with an agreed upon amount to pay bills.

My husband kept the balance of his entire check. He used the funds for gambling, sports, etc.

He now believes I have his money when I believe I only have left in the account my share of my entire paycheck.

We are in the state of NJ.

What does the law say in NJ on marital distribution?


Asked on 1/19/07, 4:46 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: separate bank accounts

your situation is a little unusual, in that you tolerated him keeping his entire check. as you describe it, he really has a lot of nerve asking for money that you have in your account.

in New Jersey, we have equitable distribution. the Judge divides the assets in a fair and equitable fashion. what you describe makes it appear that you should receive more than half of the money in the accounts. he already wasted much money on worthless gambling.

the real answer is that you need a lawyer. i am in north Jersey and can not assist you.

Now, dont take this wrong, but let me summarize:

you are at the start of a divorce.

You have to deal with it very soon.

you have a job.

you might have kids.

if so, child support and college tuition needs to be paid. measured in tens of thousand of dollars.

you probably have a house, and maybe some money saved. you might have a pension plan.

do not do this without an attorney's advice.

Nothing that an attorney can say over this bulletin board can come close to helping you solve your problems. Careless actions by you will likely cost you thousands of dollars, make your life more difficult, and possibly cause additional harm to the kids.

Hire an attorney. Go see an experienced divorce attorney located reasonably near you, and pay the attorney to review your situation carefully with you, and give you some guidance.

Go hire a lawyer, and figure out what you want to do.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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.

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Answered on 1/19/07, 5:44 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: separate bank accounts

There is not enough information to answer your question. I can't figure out what stage in the divorce you are in or if you have even filed. I also don't know what this agreement it.

We would have to discuss your case to see exactly what's going on here. My initial consultations are always free, so call me at 732/247/3340.

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Answered on 1/19/07, 5:45 pm


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