Ending a marriage is difficult enough. Dividing the assets you’ve built together shouldn’t leave you feeling shortchanged. If you’re divorcing in Hackensack or Bergen County, you need more than a generic 50/50 split—you need an asset division that reflects your actual needs now and in the future.
At The Davies Law Firm, we guide you through New Jersey’s equitable distribution process with a clear focus: protecting what matters to you and structuring an agreement that works for your life after divorce.
What “Equitable Distribution” Really Means in New Jersey
New Jersey follows the principle of equitable distribution, not equal distribution. That’s a big difference. “Equitable” means fair, and fairness takes many factors into account—not just splitting everything down the middle.
In practice, this means the court looks at your entire situation before deciding how assets and debts will be divided. In some cases, fairness might mean you receive more than half of certain assets. In others, it may mean giving up assets in exchange for keeping something that matters more to you.
How NJ Courts Approach Asset Division
When determining equitable distribution, New Jersey courts generally follow a three-step process:
- Identify marital property
- This includes assets and debts acquired from the date of marriage to the date of separation or divorce filing.
- Examples: homes, cars, bank accounts, retirement funds, investments, business interests, credit card balances, and loans.
- This includes assets and debts acquired from the date of marriage to the date of separation or divorce filing.
- Value the assets and debts
- Property must be appraised or otherwise valued.
- For complex assets like businesses or pensions, expert valuations may be required.
- Property must be appraised or otherwise valued.
- Distribute in a fair way
- Courts consider multiple factors outlined in N.J.S.A. 2A:34-23.1, including:
- Length of the marriage
- Age, health, and earning capacity of each spouse
- Standard of living during the marriage
- Each spouse’s contributions (financial and non-financial)
- Economic circumstances after the divorce
- Tax consequences of the division
- Any agreements made before or during the marriage
- Length of the marriage
- Courts consider multiple factors outlined in N.J.S.A. 2A:34-23.1, including:
Why “Separate” Property Isn’t Always Separate
Many people believe certain assets are automatically off-limits in a divorce. While separate property—such as assets acquired before marriage, inheritances, or gifts—are generally excluded from division, there are exceptions.
Separate assets can become partly marital if they are “commingled” with marital property. For example:
- Using marital funds to renovate a house you owned before the marriage.
- Depositing an inheritance into a joint account and using it for shared expenses.
- Adding your spouse’s name to the deed of a property you owned before marriage.
These scenarios can make part (or all) of the asset subject to equitable distribution.
Why Equitable Distribution Protects Your Real Needs
The key advantage of equitable distribution is that it’s flexible enough to account for your actual situation. With the right legal strategy, you can negotiate or argue for an asset division that prioritizes what matters most to you.
For example:
- Keeping the home if you’re the primary caregiver for your children and continuity is important.
- Protecting retirement accounts if you’re close to retirement age and need financial stability.
- Retaining business ownership if your income depends on it, while compensating the other spouse in a different way.
- Allocating debt fairly, so you’re not left paying for expenses that primarily benefited your spouse.
Dividing assets without the right strategy can cost you more than you realize. Call (201) 820-3460 or schedule your consultation with The Davies Law Firm to protect your financial future.
How We Build Your Asset Division Strategy
When you work with The Davies Law Firm, we don’t simply react to what the other side demands—we prepare a proactive plan that puts you in the strongest possible position.
Here’s how we approach it:
- Detailed asset review – We gather full documentation for every marital and separate asset.
- Clear valuation – We work with trusted appraisers, financial experts, and CPAs to ensure numbers are accurate.
- Needs-based analysis – We prioritize assets that serve your long-term interests.
- Negotiation plan – We aim to reach a settlement that aligns with your goals while minimizing court time.
- Trial readiness – If the other side won’t be reasonable, we’re prepared to present a compelling case in court.
Local Insight Matters in Bergen County Divorces
While equitable distribution rules are the same statewide, local court culture plays a big role in outcomes. In Hackensack and Bergen County, judges often focus on:
- How parenting time arrangements influence who keeps the marital home.
- The economic realities of living in North Jersey when assessing spousal support and asset division.
- Tax implications of certain asset splits.
Our deep familiarity with local practices means we can anticipate likely outcomes and adjust strategy accordingly.
Common Mistakes People Make in Asset Division
We often see divorcing spouses harm their own cases by:
- Hiding assets – Courts can impose penalties, and this damages credibility.
- Failing to track separate property – Without documentation, you may lose claims to assets you’re entitled to keep.
- Overlooking debt – Debts are divided too; ignoring them can lead to unfair allocations.
- Letting emotions drive decisions – Fighting for an asset you can’t afford to keep can backfire.
Working with an experienced family law attorney early can help you avoid these traps.
The Next Step
You’ve worked hard for what you have. You deserve a divorce settlement that respects that effort and secures your future.
At The Davies Law Firm, we’ll guide you through every stage of equitable distribution with skill, clarity, and a focus on your goals.Call (201) 820-3460 or book your consultation online today. Let’s protect your assets and create a division plan that reflects your real needs.
