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Property rights after divorce (New Jersey)

Whippany, NJ |
Filed under: Divorce

I have been married for 15 years (married in Ill now residing in NJ), we have no prenup or other agreement.

-I am from Italy and not a US citizen and we both agreed that I would be the homemaker and only work part-time.

-If my husband ever wanted to divorce me, would I be automatically entitled to half of all our property and savings (I have copies of all records)? (We have 30% of all monies invested in my name solely and 30% in his name only and 40% under both names).

-Would I be entitled to half of his 401K which he started after we got married (I don't have any retirement savings in my name)?

-Does it matter in which state we were married and/or in which state we reside when a separation/divorce occurres?

Thank you so very much for your answers!

Attorney Answers 3


  1. New Jersey is an equitable distribution state, which means that you would be entitled to an equitable share in the property acquired during the marriage, including retirement accounts. Your citizenship is irrelevant to the consideration.

    You should consult a local divorce attorney for a detailed analysis of your situation.


  2. You are certainly entitled to a share of the assets acquired during the marriage regarless of whose name they are held in. Until I learn more about the facts of your case I cannot addres the issue of what percentage you would receive. It doesn't matter what state you were married in, if you ahve lived in NJ for more than a year either one of you can file for divorce hear. If you would like to schedule a consultation you can reach me at 609.921.7770 x5.

    Sandy


  3. You are certainly entitled to a share of the assets acquired during the marriage regarless of whose name they are held in. Until I learn more about the facts of your case I cannot addres the issue of what percentage you would receive. It doesn't matter what state you were married in, if you ahve lived in NJ for more than a year either one of you can file for divorce hear. If you would like to schedule a consultation you can reach me at 609.921.7770 x5.

    Sandy

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