
Asset Division in Divorce
Our Monmouth County Divorce Lawyers Help Divide Property & Businesses
One of the most contentious steps of a divorce can be the distribution of property. Being informed of how New Jersey state law treats the assets of a couple undergoing a divorce can be invaluable to you and your family. Our qualified New Jersey divorce lawyers can apprise you of the details involved and guide you through the process.
Have questions about property division? Set up an appointment for a free consultation with a Monmouth County property division lawyer at The Law Office of Darren C. O'Toole, LLC. Contact us or call (732) 455-9000.
What is "Separate Property" in New Jersey?
Separate property are assets owned solely by either spousebefore the marriage or acquired after the Complaint for Divorce has been filed. Inheritances or gifts received by a single spouse will also meet the requirements. Separate property must remain separate throughout the marriage in order to retain the designation. If any assets are comingled with marital funds, such as in a joint savings account, state law considers it to be marital property.
Marital Property in New Jersey – Not All Things are Equal
Marriage is viewed as a partnership. Marital property is all assets acquired during a marriage. Property that was acquired during the marriage is subject to what is called “equitable distribution.” There are exceptions to this rule, such as: property acquired during the marriage by either party as a gift from a third party or inherited property.
"Equitable distribution of marital property" does not always mean an "equal division" -- it simply means that marital property must be distributed fairly. There may be reasons why one spouse would receive more or less than an equal share of an asset.
How Equitable Division of Property is Decided
In order for the courts to come to a reasonable or equitable decision regarding marital property, the judge will deliberate numerous factors.
When dividing marital property in New Jersey, the judge may consider:
- How long the marriage lasted
- Standard of living established
- Prenuptial or postnuptial agreements
- Contributions made to create and maintain marital property
The courts usually do not consider who is deemed at fault for the dissolution of marriage when dividing the marital property. Exceptions to this can be if a spouse wasted a significant portion of the assets due to activities such as gambling or substance abuse.
Filing for divorce? Call (732) 455-9000 or contact a property division lawyer at The Law Office of Darren C. O'Toole, LLC.


Clients Share Their Stories
At The Law Office of Darren C. O'Toole, LLC, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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“He helped me through what I hope will be one of the worst moments of my life. I'm forever grateful.”RA (Out of State, NJ)
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“He kept the best interest of my family and me throughout a very difficult time.”James (Neptune, NJ)
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We found Darren O'Toole to be a very caring and helpful attorney at one of the worst times of our lives. It is very scary choosing an attorney... so finding one that has values that you can admire is a great thing indeed.Debbie (New Jersey, NJ)
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Thank you for making one of the hardest decisions in my life easy to manage. Your professionalism and concern exceeded my expectations.Bobby (New Jersey, NJ)
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Darren got me through a difficult time during my divorce. He and his staff were professional and followed up expeditiously whenever needed. Highly recommend his services.Mark (New Jersey, NJ)
