Sorting Out Property in a Divorce
Division of property and assets can be complex, legally and emotionally. You need a divorce attorney who provides strong advocacy for a fair divorce settlement. Contact the Law Offices of Anthony Carbone, P.C. to schedule a free confidential consultation with our divorce attorney in Newark who knows the Hudson County court system.
Seeking Fair Division of Marital Property
New Jersey law requires equitable distribution of property and money in divorce. This does not mean equal distribution; it means that the property division must be based on what is fair given the individual circumstances of the marriage.
An experienced divorce attorney in Jersey City will help you understand what sorts of outcomes the courts consider fair in cases of division of property in New Jersey. That way, you can know what you and your spouse are entitled to under the law before you agree to any settlement or decide to pursue litigation.
Pensions and retirement funds can be divided by court order as part of the property division, whether there is a settlement agreement or not. This is called a qualified domestic relations order (QDRO). Our Newark divorce lawyer can help you understand the rules for division of retirement savings and prepare the order.
Understanding Alimony and Palimony
Alimony is based on many factors: a big difference in earning power, a career put on hold to raise children, length of marriage, or a spouse’s age or disability. Mr. Carbone can (a) negotiate the monthly amount, (b) negotiate a lump-sum payout or trade-off, or (c) represent you in court. Alimony is separate from child support payments, which are related to child custody agreements as well.
You can’t get a divorce if you were never legally married. But if you lived together or had a marital-type relationship in New Jersey with a promise of lifetime economic support, implied or express, you can still be awarded ongoing support payments. We can negotiate or litigate palimony issues for unmarried couples — property division and, in some cases, ongoing monetary support.