Equitable Distribution Attorney

Equitable Distribution is a legal action asking the court to divide your marital property. It is presumed that an equal (50/50) division of your marital property (assets and debts) is fair and equitable. You must argue factors set out by statute if you want an unequal division of the marital property. Marital property is defined as any asset acquired between the date of marriage and the parties’ separation, with some exceptions. Marital property includes pension rights such as a military retirement benefit. Marital debts are those accrued during the marriage and benefitting the marriage. It does not matter whether or not an asset or liability is titled in one party’s name or the other, what matters is the time in which the asset or liability was acquired. When filing for equitable distribution, your lawyer will advise you to gather certain documentation existing on or near the date of separation to assist in the litigation of this issue. One must file for equitable distribution prior to the entry of a divorce judgment.