Goodman & Leopold Articles Factors Affecting Equitable Distribution of Property After Divorce

Factors Affecting Equitable Distribution of Property After Divorce

By Abdul Bari  Jan. 7, 2015 6:08a

Equitable distribution is a term which is generally applied to the aspect of property division after marriage, which takes place between separating spouses. While this distribution can be easily carried out by the separating spouses by their mutual understanding, the court generally steps in the question when the spouses fail to mutually agree upon which part of the property they would want to share with their other spouse and the dependent spouse ends up demanding far more than what is justified. However; no matter what may be the reason, the court generally almost always has to step in the marriage and decide bout the equitable division of the marital properties among the couples. However; the court cannot pass its orders just on the basis of assumptions and it has to take into consideration many factors while coming to a decision of equitable division of properties. While according to the family law New Jersey, both the spouses become eligible to receive equal shares of their properties, it becomes almost impossible to divide the properties equally or in exact half among the spouses. This is where various factors come into play and the court takes the help of these factors to decide how much of a property should each spouse receive, so that the decision becomes justifiable for both the spouses and they get to live a healthy and stable life after the marriage.

Income level:

one of the most important factors which plays a very crucial role in deciding which spouse should get how much of the part of the property is the income level of each spouse. According to the family law New Jersey, the court will take a look at and analyze the income levels of each of the spouses and will come to a decision as to how much income capacity each spouse has to live a normal and healthy life after the marriage and will thereafter pass its comments regarding how the marital properties in question should be divided according to the equitable distribution of the properties.

Marriage length:

The other major factor which decides as to how much part of a property should a spouse receive after the divorce is the factor of marriage length. This means that the lengthier a marriage, the more will be the share the spouses will receive after the divorce. This is because, the spouses are expected to invest in greater amounts and care more for even the individual property of the husband within the marriage duration. Hence, according to the family law New Jersey, the spouses will receive more amount.

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