Divorce before Equitable Distribution


#1

If you divorce before equitable distribution is filed/agreed upon. . .does the person with the property own it all because nothing was done prior to divorce?


#2

NOT AN ATTORNEY

If ED is settled properly in a sep agreement, then it is considered settled and any violation (where a party keeps stuff the other party is supposed to receive) is considered a breach of the contract.

If ED is filed or a claim is submitted prior to the date of final divorce, then it can still be pending after the date of final divorce if either the parties agree to it themselves or if the judge allows it.

If ED is neither of the above situations and one is trying to initiate an action after the date of final divorce, then it is most likely not going to be able to be filed. I think there are supposed to be 1-2 loopholes in the “must be pending at the time of final divorce” rule, but I can’t tell you what they are.


#3

If ED isn’t filed before a divorce decree is entered then the claim is barred by the divorce.