Upon application of a party, the Court shall determine what is the marital property and shall provide
for an equitable distribution of the marital property between the parties in accordance with the provisions of this section.
The laws provide
for equitable distribution of the marital property.
New York state provides
for equitable distribution of marital property during a divorce.
New York provides
for equitable distribution of marital property during a divorce.
Florida law provides
for an equitable distribution of marital property and debts in a divorce, which can result in an equal split or unequal split depending on the circumstances.
Florida law calls
for an equitable distribution of marital property and marital debts.
Not exact matches
To decide the division
of marital property owned by divorcing couples, and whether any
property held by one
of the parties should be included in the
marital estate, the Court will consider several factors
for the purpose
of making an
equitable distribution.
A recent unpublished opinion Court
of Appeals opinion, Herring - Wilson v. Wilson, highlights a common fallacy in valuing small personal services businesses
for purposes
of equitable distribution: treating personal goodwill as
marital property.
Primary areas
of expertise include
equitable distribution, definition
of marital property, definition
of separate
property, valuation
of marital property, divisionof
marital property, classification and division
of retirement benefits, classification and valuation
of professional practices, validity
of marital agreements, construction
of marital agreements, amount
of alimony, duration
of alimony, definition
of income
for child support, child support, child custody jurisdiction, child custody on the merits, and admissibility
of e-mails and other material taken off computers.
LetsGetDivorced.com is an online self - directed legal document assembly service
for people looking to file a simple uncontested divorce, where both spouses agree on all issues
of their divorce, such as
equitable distribution of their
marital property and
marital debts, spousal support (a / k / a alimony), child custody, visitation and child support.
Recognized by SJ Magazine as a «Top Attorney»
for many years, one
of SJ Magazine's 2015 Men
of Distinction, and as an Awesome Attorney by South Jersey Magazine, Bruce has over 25 years
of experience handling all types
of family law matters including but not limited to divorce (including complex divorce litigation), custody and parenting time (visitation), child support, alimony / spousal support, adoption, domestic violence,
equitable distribution of marital property,
equitable allocation
of marital debt, child abuse and neglect (formerly DYFS) matters, same sex Civil Unions and Domestic Partnerships.
Recognized by SJ Magazine as a «Top Attorney»
for many years, as one
of the «Super Lawyers» by Thomson Reuters, and as an Awesome Attorney by South Jersey Magazine, Bruce has over 26 years
of experience handling all types
of family law matters including but not limited to divorce (including complex divorce litigation), custody and parenting time (visitation), child support, alimony / spousal support, adoption, domestic violence,
equitable distribution of marital property,
equitable allocation
of marital debt, child abuse and neglect (formerly DYFS) matters, and same sex Civil Unions and Domestic Partnerships.
Recognized by SJ Magazine as a «Top Attorney» and «Awesome Attorney» by local publications
for many years, Bruce has over 28 years
of experience handling all types
of family law matters including but not limited to divorce, custody and parenting time, child support, alimony,
equitable distribution of marital property,
equitable allocation
of marital debt, child abuse and neglect matters, adoption, domestic violence and more.
The
equitable distribution of marital property and the income or imputed income on the assets so distributed (not considered
for temporary spousal maintenance);
In making an
equitable apportionment
of marital property, the family court must give weight in such proportion as it finds appropriate to all
of the following factors: (1) the duration
of the marriage along with the ages
of the parties at the time
of the marriage and at the time
of the divorce; (2)
marital misconduct or fault
of either or both parties, if the misconduct affects or has affected the economic circumstances
of the parties or contributed to the breakup
of the marriage; (3) the value
of the
marital property and the contribution
of each spouse to the acquisition, preservation, depreciation, or appreciation in value
of the
marital property, including the contribution
of the spouse as homemaker; (4) the income
of each spouse, the earning potential
of each spouse, and the opportunity
for future acquisition
of capital assets; (5) the health, both physical and emotional,
of each spouse; (6) either spouse's need
for additional training or education in order to achieve that spouse's income potential; (7) the non
marital property of each spouse; (8) the existence or nonexistence
of vested retirement benefits
for each or either spouse; (9) whether separate maintenance or alimony has been awarded; (10) the desirability
of awarding the family home as part
of equitable distribution or the right to live therein
for reasonable periods to the spouse having custody
of any children; (11) the tax consequences to each or either party as a result
of equitable apportionment; (12) the existence and extent
of any prior support obligations; (13) liens and any other encumbrances upon the
marital property and any other existing debts; (14) child custody arrangements and obligations at the time
of the entry
of the order; and (15) such other relevant factors as the trial court shall expressly enumerate in its order.