Legal Question in Family Law in New Jersey

Re: Spouse's entitlement to % of my State Pension

The amount that you would divide between you would be the amount that accrued during the marriage. How that is divided (and how any asset is divided in equitable distribution) depends on many factors including how the other marital assets are divided. It may be 50/50, it may be less. No one can give you an answer without knowing all other issues. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. If you have not retained an attorney, before you take any action, you should 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. I will be happy to assist you. However, you need to call me at 856-546-8010. If you mention Law Guru, there will be no charge for your first consultation. Good luck! Rob Gleaner

Re: Spouse's entitlement to % of my State Pension

Hi,

There are many factors that a court may take into consideration when determining equitable distribution. The basic rule is that your spouse is entitled to one-half (50%) of the increase in value during the course of the marriage. However, the court may take into account many other factors. I have included the statute that governs equitable distribution in New Jersey. This statute also has been interpreted by New Jersey court cases. I would recommend that you seek and hire an attorney to help you with this and other issues surrounding your divorce. Feel free to call me at 856-489-8888.

� 2A:34-23.1. Equitable distribution criteria

n making an equitable distribution of property, the court shall consider, but not be limited to, the following factors:

a. The duration of the marriage;

b. The age and physical and emotional health of the parties;

c. The income or property brought to the marriage by each party;

d. The standard of living established during the marriage;

e. Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;

f. The economic circumstances of each party at the time the division of property becomes effective;

g. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;

h. The contribution by each party to the education, training or earning power of the other;

i. The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;

j. The tax consequences of the proposed distribution to each party;

k. The present value of the property;

l. The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;

m. The debts and liabilities of the parties;

n. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;

o. The extent to which a party deferred achieving their career goals; and

p. Any other factors which the court may deem relevant.