What happens to my inheritance if I get divorced?

Posted on April 2, 2024 by Sandy Durst
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In New Jersey, the treatment of an inheritance in divorce proceedings can vary depending on several factors, including the specific circumstances of the divorce, the nature of the inheritance, and how the inheritance was handled during the marriage.

As a starting point, inheritances are considered separate property rather than marital property in a divorce. This means that if you received an inheritance either before or during your marriage, it is typically not subject to equitable distribution in the divorce proceedings and may remain yours alone. How you treated the inherited funds or property will largely dictate the outcome.

However, there are some exceptions to this general rule. For example:

  1. Commingling: If you commingled the inheritance with marital assets, such as depositing it into a joint bank account or using it to purchase marital property, it may lose its separate property status and become subject to division in the divorce.
  2. Using the inheritance for marital purposes: If you used the inheritance to benefit the marriage or your spouse, such as using it to pay household expenses or joint debts, a court may consider it when dividing marital assets.
  3. Transmutation: If you and your spouse agreed, either explicitly or implicitly, to treat the inheritance as marital property, it may be subject to division in the divorce.
  4. Equitable distribution: New Jersey follows the principle of equitable distribution in divorce, which means that marital property is divided fairly, though not necessarily equally, between the spouses. While inheritances are generally considered separate property, a court may still consider various factors, including the length of the marriage, each spouse’s financial contributions and needs, and any other relevant circumstances, when determining how to distribute marital assets. This means that while you may retain 100% of your inheritance, the martial assets could be allocated to your spouse in a higher percentage than might typically be warranted.

It’s essential to consult with a qualified family law attorney in New Jersey who can provide personalized advice based on your specific situation. They can help you understand how inheritance may be treated in your divorce and advocate for your interests during the legal process.

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What is divorce mediation?

Posted on March 13, 2024 by Sandy Durst

Mediation is one method of resolving your divorce and can be a helpful alternative to traditional litigation. Divorce mediation is a process used to help couples going through a divorce or separation resolve their disputes with the assistance of a neutral third party, known as a mediator. The mediator facilitates communication between the parties and helps them negotiate agreements on various issues, such as division of assets, child custody, visitation schedules, and spousal support.

During divorce mediation, both parties have the opportunity to express their concerns and preferences in a less adversarial setting compared to traditional litigation. The mediator does not work for or represent one party, even if one party is paying the bill. The mediator is to be objective and work with both sides. Most mediators will strongly suggest that each side have their own attorneys who can provide legal advice and guidance. The mediator does not make decisions for the couple but instead guides them toward reaching mutually acceptable solutions. It is important to keep in mind that mediation is non-binding until any agreement is put in writing and signed by the parties. The goal is to reach a settlement that satisfies both parties and can be legally binding once approved by the court.

Divorce mediation can be less expensive and time-consuming than going to court, and it often fosters a more amicable and cooperative atmosphere between the parties. However, it may not be suitable for all couples, especially in cases involving domestic violence, substance abuse, or other significant power imbalances.

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Palimony: what is it?

Posted on March 5, 2024 by Sandy Durst

As a follow-up to our last post on alimony, we provide this brief discussion on the related topic of palimony. While similar in purpose, there are some crucial differences and the particular facts and circumstances of each case are critically important.

Palimony is a term used to describe support payments or division of property between unmarried partners after a separation. In New Jersey, palimony is not governed by specific statutes, but rather by case law established in the landmark case of Marvin v. Marvin in California. In New Jersey, courts may enforce palimony agreements if they are in writing, express a clear intent to support one partner financially, and are not based solely on a sexual relationship. Courts will consider various factors in determining the enforceability of such agreements, including the length of the relationship, the financial contributions of each partner, and any sacrifices made for the relationship. However, it’s important to consult with a legal professional for specific advice regarding palimony in New Jersey, as laws and precedents may vary or change over time

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Relief for NJ families.

Posted on March 1, 2024 by Sandy Durst

In several counties throughout the state families dealing with divorce have been held hostage by political gamesmanship, which is resulted in a severe shortage of judges. As explained in the link below, due to new appointments, divorce trials will resume in several parts of the state.

www.facebook.com/share/p/W2nsg5uRhWQNqUyD/

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Understanding NJ Alimony Law

Posted on February 28, 2024 by Sandy Durst

Alimony is a major issue in many of the divorce cases we handle? Questions we often get deal with whether alimony is appropriate, how much can alimony be, and how long will alimony be paid? This post is intended to provide a basic overview of NJ alimony law.

Alimony, also known as spousal support, is a legal provision designed to ensure financial stability for one spouse after divorce or separation. Each state in the United States has its own set of laws governing alimony, and in this article, we will delve into the specifics of New Jersey alimony law. Whether you are a resident of New Jersey or simply seeking information about alimony laws, this comprehensive guide will provide you with a detailed understanding of how alimony works in the state.

  1. Types of Alimony in New Jersey: New Jersey recognizes several types of alimony, each serving different purposes. They include:
  • Open Durational Alimony: This type of alimony is typically awarded in long-term marriages and has no predetermined end date. It can continue until either party’s death, remarriage, or cohabitation.
  • Limited Duration Alimony: It is awarded for a specific period, generally suitable for shorter marriages or when a spouse needs support for a predetermined time to become self-supporting.
  • Rehabilitative Alimony: Awarded to assist a spouse in acquiring education, training, or skills necessary for financial independence.
  • Reimbursement Alimony: This type of alimony is awarded when one spouse supported the other through education or professional training and is intended to reimburse the supporting spouse for the expenses incurred.
  • Pendente Lite Alimony: Temporary alimony awarded during the pendency of a divorce case to provide financial support until a final determination is made.
  1. Factors Considered in Alimony Determination: New Jersey courts consider various factors when determining alimony, including:
  • Duration of the marriage.
  • Age and health of both parties.
  • Income and earning capacity of each spouse.
  • Standard of living during the marriage.
  • Contributions to the marriage, both financial and non-financial.
  • Education, skills, and employability of each spouse.
  • Child custody and support obligations.
  • Any prenuptial or postnuptial agreements.
  1. Modification and Termination of Alimony: Under certain circumstances, alimony in New Jersey can be modified or terminated. Changes may be sought if there is a substantial change in circumstances, such as a job loss, disability, or significant increase or decrease in income. Cohabitation or remarriage of the recipient spouse can also terminate alimony payments. It is important to note that modification or termination requests must be made through the court system.
  2. Tax Considerations: Prior to December 31, 2018, alimony payments were tax-deductible for the paying spouse and taxable as income for the receiving spouse. However, due to changes in federal tax laws, for divorce agreements executed after December 31, 2018, alimony is no longer deductible for the paying spouse, and the recipient spouse no longer has to report it as income for tax purposes.
  3. Seeking Legal Guidance: Navigating the complexities of alimony law can be challenging, and it is advisable to seek the assistance of an experienced family law attorney. An attorney can provide personalized advice, explain your rights and obligations, and guide you through the legal process.

Conclusion: New Jersey alimony law is designed to ensure fair and equitable financial support for spouses after divorce or separation. Understanding the types of alimony, factors considered in determination, and the possibility of modification or termination is crucial for both paying and receiving parties. If you find yourself in a situation involving alimony, consulting with a knowledgeable attorney can help you navigate the legal landscape and make informed decisions that are in your best interests.

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