Divorce can be full of highly debated issues among spouses. For couples with higher income or assets, there are many common issues in a high-asset divorce in New Jersey.
Hire a High-Asset Divorce Lawyer You Can Trust
New Jersey residents choose The Montanari Law Group because of our empathy and skill. We offer transparent legal guidance to help our clients make informed choices regarding their futures.
Our New Jersey divorce lawyers have over 20 years of combined experience. We guide our clients in every facet of family law. For clients with high-value assets, this type of counsel is vital for protecting their rights.
What Counts as a High-Asset Divorce?
These divorces are often more complicated than typical divorces because there are more assets to value and divide fairly. Higher-value assets can include:
- Real estate
- Investments
- Businesses
- Retirement accounts
- Inheritances
- Cars
- Collectibles
In New Jersey, the court divides property using equitable distribution. This means the division of marital property is fair but not necessarily equal.
Two Types of Property in a New Jersey Divorce
In 2023, the average household income for New Jersey residents was $99,781. In 2025, the average home value in the state was $562,460. These tend to be a person’s highest-value assets, so they need protection during a divorce.
There are two types of property considered by the court in a divorce. The first, marital property, is typically anything acquired during the marriage. This includes debts and personal income.
The second type of property is separate property. This is typically any property that was acquired before the marriage.
However, separate property can become mixed with marital property in certain circumstances. For example, if one spouse uses income earned before the marriage to make home improvements on a home bought jointly, that income becomes subject to division in divorce proceedings.
It can be incredibly difficult to keep your property truly separate during marriage. No one gets married expecting to later divorce. It’s important to hire a high-asset divorce lawyer during this process to help you trace the origins of your property. Before meeting with the Montanari Law Group, you should gather bank statements, tax returns, property deeds, and business valuations.
How New Jersey Courts Determine Property Division
New Jersey’s high-asset divorce laws generally assume that both spouses contributed in some way, financially or non-financially, to building the assets acquired during the marriage.
This presumption can be challenged if evidence shows otherwise. A New Jersey court will make a property division ruling based on a multitude of factors, such as:
- How long the couple was married
- The age and health of each spouse
- The income or property each spouse brought into the marriage
- The standard of living during the marriage
- Each spouse’s financial situation at the time of the divorce
- Each spouse’s ability to earn income
- Contributions to the other’s education or career
- Tax implications
- Any needs related to children, like keeping the family home
- Whether a spouse gave up career opportunities
7% to 10% of New Jersey residents were divorced as of 2023. Courts have seen all types of divorce cases, so they are well-versed in their decision-making processes. When dividing property, the court must explain its reasoning in detail and show how it’s a fair choice.
The Benefits of Mediation in a High-Value Asset Divorce
Mediation can be helpful in high-asset divorce cases. This process is an alternative to court and allows divorcing couples to maintain control over the outcome of their divorce issues. A mediator is a neutral professional who helps couples reach agreements about property division, spousal support, child custody, and child support.
Mediation is typically faster and less costly than going to court. It’s also generally private, compared to public trials, making it appealing to most couples. Having your New Jersey high-asset divorce attorney with you during meetings is important for safeguarding your legal rights.
The mediator doesn’t make any legal decisions. Rather, after agreeing on topics, the couple will sign an agreement that becomes legally binding.
FAQs
How Do I Prepare My Assets During a Divorce?
Preparation is key during a high-value asset divorce. You’ll want to make copies of all significant documents. These can include:
- Deeds
- Titles
- Financial statements
- Tax returns
- Account records
Take photographs of valuable assets, keep an inventory of marital and separate property, and open separate accounts if necessary. Never try to hide assets during divorce, as this can lead to legal consequences, such as the asset being given fully to the other spouse.
How Is Alimony Decided in a High-Value Asset Divorce?
In New Jersey, the court can order one spouse to pay alimony to the other spouse after a divorce. The goal is to create arrangements that are fair based on each party’s situation. When making this decision, the court considers several factors. These include:
- Length of the marriage
- Standard of living during the marriage
- Earning capacity
- Contributions to the marriage
- Taxes
For marriages under 20 years, alimony usually doesn’t last longer than the length of the marriage.
What Are the Different Types of Alimony, and When Does It End?
There are a few types of alimony in New Jersey. Open durational alimony is permanent. Rehabilitative alimony helps a spouse gain skills or education to become self-supporting. Limited duration alimony lasts for a set period. Reimbursement alimony compensates a spouse who supported the other’s education. Alimony amounts and duration can be modified if circumstances change, like retirement, losing a job, or moving in with a new partner.
Do I Have to Pay My Spouse’s Legal Fees?
The court can require one spouse to pay for the other’s legal fees if it’s determined to be fair based on their financial situation. The court looks at:
- Each party’s ability to pay
- Any previous payments
- Whether either party acted in bad faith
Certain crimes, like an attempt to murder the other spouse, prevent someone from receiving alimony or any other payment from the victim.
Choose a Trusted Family Law Firm
The Montanari Law Group values our clients’ needs and desires above all else. We work tirelessly for our clients to ensure the most favorable outcome in their cases. Reach out to us today to learn how our lawyers can support you during your divorce.