• Skip to primary navigation
  • Skip to content
  • Skip to primary sidebar

Villani & DeLuca, P.C.

Representing New Jersey Clients Since 1996

Free Consultation 732-709-7757
  • About The Firm
    • Why Choose Villani & DeLuca
    • Press Room
  • Our Attorneys
    • Carmine R. Villani, Esq. Founding Partner
    • Vincent C. DeLuca, Esq. Founding Partner
    • Gina J. Ravaschiere, Esq. Partner
    • Timothy L. Horn, Esq. Partner
    • Michael C. Ayres, Esq. Partner
    • Benjamin M. Hoffman, Esq. Senior Associate Attorney
    • Jay Turnbach, Esq., Of Counsel
  • Areas of Practice
    • Divorce & Family Law
    • Criminal Defense
    • Personal Injury
    • DWI Law
    • Liquor License
  • Legal Resources
    • Divorce
      • New Jersey Divorce Attorney
      • New Jersey Online Divorce
      • New Jersey Divorce Mediator
      • New Jersey Divorce Mediation
      • Ocean County Divorce Mediation
      • Monmouth County Divorce Mediation
    • Criminal
    • DWI & Traffic
    • Personal Injury
    • ABC
  • Client Testimonials
  • Contact

Difference Between Marital Property And Separate Property

September 19, 2010 by Vincent DeLuca

Marital vs. Separate Property

With respect to the division of marital property, New Jersey is an ‘equitable distribution’ state. The touchstone of equitable distribution is fairness to the parties, not equality of distribution. Thus, in a New Jersey divorce action, the marital property is not necessarily, or even commonly, divided 50/50. Courts instead look for a distribution of the marital property that is fair, or, in more legalistic language, equitable.

Marital Property

Marital property is that property which is acquired by either or both spouses (excepting gifts and inheritances, which are defined as separate property) during the course of the marriage, commonly defined as ranging from the date of the marriage to the filing of the divorce complaint.

Separate Property

Separate property is all property that was brought into the marriage by each spouse, and all property gained after the date of the filing for the divorce. Additionally, any gifts or inheritances received by a spouse during the course of the marriage are also defined as separate property. Separate property is not subject to equitable distribution.
A caveat to the general immunity of separate property from the process of equitable distribution is that the increase in value of separate property realized during the course of the marriage is potentially subject to division. For example, assume spouse A receives, during the course of the marriage, a gift of stock from a relative, worth $10,000. Assume further that the stock appreciates to $15,000 at the date the divorce complaint if filed. In that circumstance, the $5,000 appreciation of the stock is subject to equitable distribution between spouse A and spouse B. Of course, and as stated above, that does not mean each spouse with receive $2,500. Again, the touchstone of equitable distribution is fairness, not equality. One final point about an increase in value of separate property: New Jersey courts do consider whether the increase in value of separate property has been the result of market forces (as in the example above), or the result of the labors or financial contributions of a particular spouse. In the latter case, the increase in value is likely to be given entirely to the spouse who made those efforts.

You Need a Divorce Attorney

If you are about to go through a divorce in New Jersey, or if you are currently going through a divorce, it is important that you understand what constitutes marital property and what constitutes separate property in your particular case. To assure your interests are adequately protected, it is important that you consult with a competent attorney skilled and experienced in New Jersey family law.

Contact Vincent DeLuca, Esq., Certified Matrimonial Attorney

Vincent C. DeLuca of Villani & DeLuca, P.C., is certified by the New Jersey Supreme Court as a Matrimonial Attorney. Mr. DeLuca is one of a limited number of attorneys to hold the prestigious certification of Matrimonial Attorney in New Jersey. Mr. DeLuca, whose practice is devoted to Family Law in Ocean County and Monmouth County, is one of only five certified Matrimonial Attorneys on the Roster of Mediators for Economic Aspects of Family Law in Ocean County, New Jersey.

Categories: Divorce

Primary Sidebar

Free Consultation

Recent Posts

  • Super Lawyers Carmine R. Villani & Vincent C. DeLuca
  • Divorce in New Jersey-Adultery
  • Divorce Attorney Brick New Jersey
  • Carmine R. Villani weighs in on Bruce Springsteen DWI in the New York Times
  • Villani & DeLuca Divorce Attorneys in Toms River

Categories

  • Alimony
  • Child Custody
  • Child Support
  • Collaborative Divorce
  • Criminal Procedure
  • Disorderly Conduct
  • Divorce
  • Divorce Process
  • Dog Bite
  • Domestic Violence
  • Drug Charges
  • Mediation
  • NJ ABC Law Blog
  • NJ Criminal Defense Blog
  • NJ DWI & Traffic Law Blog
  • NJ Personal Injury Law Blog
  • Other Criminal Offenses
  • Press Room
  • Theft Offenses
  • Underage Drinking

Our Offices

Point Pleasant Beach

Main Office

703 Richmond Avenue

Point Pleasant Beach, NJ 08742

Phone: 732-709-7757

Fax: 732-892-9053

info@villanideluca.com

Get Directions

Red Bank Office

Office

151 Bodman PL, #303

Red Bank, NJ 07701

Phone: 732-595-4213

info@villanideluca.com

Get Directions

Villani & Deluca NJ Lawayers Logo

732-709-7757

Villani & DeLuca P.C. BBB Business Review

The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Villani & DeLuca, P.C. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Villani & DeLuca, P.C. Copyright © 2021 Villani DeLuca P.C. | All rights reserved | Disclaimer | Privacy Policy | Sitemap
X
Free Consultation: Schedule Now Call Now: 732-709-7757