Blog Archives

How to divorce will impact your insurance and benefits.

New Jersey Benefits Modification Attorneys

If you are thinking about going through a divorce or already have gone through a divorce, you need to keep in mind that your benefits and insurance may be affected. Life insurance, health insurance, pension and other types of benefits are on the table. You may need to either purchase a new insurance plans, may be able to take your ex-spouse off life insurance plans, or various other situations. Your child might be eligible for some health insurance protection as well. As you can see, each divorce case is different, so what may have happened to one couple may not apply necessarily to your situation. The best way to find out is to speak with a knowledgeable New Jersey divorce lawyer to see what legal options are available to you. At the Law Offices of Jef Henninger, Esq., our benefit and insurance modification lawyers look thoroughly at your unique situation and guide you to the best possible result for you and your family. Reach out to one of our highly skilled NJ divorce lawyers with our 24/7 hotline at 732-773-2768 and receive a free initial consultation.

How do I know if my asset is considered marital property or separate property?

New Jersey Property Division Lawyers

If you are dealing with a divorce in New Jersey, knowing what is separate property and what is marital property is necessary. Believe it or not, not all assets and debts are considered marital property. Even assets that were received while you were married may be exempt from property division and on the other side, assets that were received before you were married, even if it has only your name on it, may actually be considered marital property. The best way to be able to determine if an asset is marital property or separate property is to obtain a seasoned New Jersey property division lawyer to help you evaluate all your assets.

A professional property division attorney will be able to determine if certain assets are marital or separate property and if it is marital property, come up with a plan of action to best protect that asset for you. At the Law Offices of Jef Henninger, Esq., our team of tenacious, intelligent property division attorneys will educate you on all your legal options and are tough when it counts. Schedule a free initial consultation at 732-773-2768 any time, even on nights and weekends and speak with one of our Elizabeth property division lawyers.

Medicaid divorces in New Jersey?

New Jersey Medicaid Divorce Lawyers

Some older couples will decide to have a “Medicaid divorce”, which is a divorce that is done to protect an ill spouse who may not be eligible for Medicaid assistance due to financial assets the couple shares. Even if the couple is happily married, the Medicaid divorce will allow the couple to restructure their assets so the spouse in need if Medicaid can now be eligible. Because the laws regarding Medicaid assistance and eligibility differ per state, obtaining a knowledgeable New Jersey Medicaid divorce attorney is very important. While this is a legal option to help protect your disabled spouse, you still need to proceed cautiously in dealing with a Medicaid divorce, and only with an experienced lawyer on your side.

At the Law Offices of Jef Henninger, Esq., our knowledge and experience in divorce law is utilized to help fight for the rights of our clients. Our professional NJ Medicaid divorce attorneys will answer your questions and go through the options available to you and your spouse. Call our Essex County divorce attorneys any time, even on nights and weekends, at 732-773-2768 to receive a free initial consultation today.

How are the division of debts and assets calculated?

New Jersey Equitable Distribution Attorneys

Just like with alimony and child support calculations, the division of any debts or assets from a marriage are analyzed against various factors. Some of these factors include any prenuptial or post-nuptial agreements involved, income of you and your spouse, education backgrounds, length of absence from the workforce, parental responsibilities, age of both parties, duration of the marriage, and overall health of both parties. Once these mentioned factors, as well as a few others, are determined, then the assets and debts can be distributed amongst you and your spouse. Final determination of the distribution of assets and debts can be reached through arbitration, mediation, negotiation or by the judge if the divorce has reached trial. However, disputes can arise and become a hurdle in your divorce case.

At the Law Offices of Jef Henninger, Esq., our professional New Jersey equitable distribution lawyers will protect your needs and have experience in working through complex distribution cases. Call our law offices any time, even on nights and weekends, at 732-773-2768 to receive a free initial consultation with one of our Union County divorce lawyers.

Equitable Distribution in New Jersey

Equitable distribution is division of marital property or assets. In order to divide the property, we first have to identify the assets, then we value them and then they are distributed.  In general, it doesn’t matter who purchased the asset or whose name it is under as New Jersey law recognizes the spouses as an “economic partnership.”   However, equitable distribution applies to all assets acquired during the marriage and not assets that were owned prior to the marriage. Assets subject to equitable distribution include real estate, jewelry, mutual funds, stock options, bank and brokerage accounts, retirement assets, small businesses, all the way down to plates and forks.  

N.J.S.A. 2A:34-23 (h) and N.J.S.A. 2A:34-23.1 are the two major statutes that govern equitable distribution.  Theses statutes list fifteen factors but allows the court to consider any other additional factors it may deem relevant:

  1. The duration of the marriage;
  2. The age and physical and emotional health of the parties;
  3. The income or property brought to the marriage by each party;
  4. The standard of living established during the marriage;
  5. Any written agreement made by the parties before or during the marriage concerning an arrangement of property distribution;
  6. The economic circumstances of each party at the time the division of property becomes effective;
  7. The income and earning capacity of each party, including educational background, training, employment skills, work experience, length of absence from the job market, custodial responsibilities for children, and the time and expense necessary to acquire sufficient education or training to enable the party to become self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage;
  8. The contribution by each party to the education, training or earning power of the other;
  9. The contribution of each party to the acquisition, dissipation, preservation, depreciation or appreciation in the amount or value of the marital property, as well as the contribution of a party as a homemaker;
  10. The tax consequences of the proposed distribution to each party;
  11. The present value of the property;
  12. The need of a parent who has physical custody of a child to own or occupy the marital residence and to use or own the household effects;
  13. The debts and liabilities of the parties;
  14. The need for creation, now or in the future, of a trust fund to secure reasonably foreseeable medical or educational costs for a spouse or children;
  15. The extent to which a party deferred achieving their career goals.

When a court makes a ruling on equitable distribution, the court must make specific findings of fact based on the three step process that I outlined  above, i.e., (a) what assets are part of the marital estate; (b) what is the value of each asset; (c) the manner in which it should be distributed.  The value of each asset is determined at the date of the complaint and not the time that the ruling is made.

Except real estate and other major items, courts generally do not get involved in dividing furniture and other small items.

If you need help dealing with equitable distribution issues in your NJ divorce case, call the team of aggressive Passaic County Divorce Lawyers today.