Equitable Distribution


#1

When determining equitable distribution, is the income of each party a consideration. For example, may the person earning less receive more when dividing the property?


#2

Generally this isn’t considered in equitable distribution. The presumption is that all property should be divided evenly (50/50 split) but the judge can consider a myriad of statutory factors, the final factor being anything the judge finds relevant. Income matters more for post separation support and alimony.


#3

My father in law was deeding our house to us a 1/4 at a time, which me and my husband own half of the house now. Since his father was deeding it to us am I eligible for my portion of the house?


#4

I’m not quite sure what you mean when you ask if you are eligible for your portion of the house. Any property that is acquired during the marriage is marital and subject to division. So if you and your husband acquired a 1/2 interest in the house during the marriage, then your marital portion would be 1/4.


#5

My question stems from the fact that I have a prenup that indicates I should not pay alimony. My wife is indicating that her lawyer is saying that he has gotten 75% OF ED to make up for not paying alimony. My wife is also indicating that income levels are considered when the judge makes ed decisions?


#6

The income of a party is relevant to the extent that it is a factor to consider when determining how to distribute property in ED. The presumption is that all assets/liabilities should be divided 50/50, but the judge can consider just about anything (including income of the parties) in deciding if an unequal distribution in one party’s favor is justified.