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Can My Spouse Take My Retirement in an NJ Divorce?

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There are few things more stressful than going through a divorce. Unfortunately, roughly fifty percent of all couples in the United States get divorced in today’s day and age. That said, if you are looking to get divorced, you are most likely curious about what may be at stake, including whether your home and other important assets, such as your retirement, may be eligible for equitable distribution. Please continue reading and reach out to a seasoned Somerset County divorce attorney from Siragusa Law Firm to learn more about whether your retirement may be at stake in a divorce and how our legal team can work towards the results you need. Here are some of the questions you may have:

Can my spouse take my retirement in a divorce in New Jersey?

Unless a couple has a prenuptial agreement in place, their marital assets will be subject to equitable distribution, should they ever get divorced. Marital assets typically include virtually all assets that were acquired by either spouse over the course of their marriage. In most cases, one spouse’s retirement plan is considered marital property and is, therefore, subject to equitable distribution.

One important thing to understand about equitable distribution is that “equitable” does not necessarily mean “equal,” and that very often, a court will split assets between spouses not 50/50, but in a manner they consider to be fair and just.

What else may be eligible for equitable distribution in New Jersey?

There is a wide range of assets that may be considered eligible for equitable distribution. Just some of the most common marital assets subject to equitable distribution that we see include the following:

  • The marital home, or other real estate properties
  • A business
  • Vehicles
  • Assets held in bank accounts, especially jointly-held bank accounts
  • Stock options and bonds
  • Jewelry and certain other personal possessions

Rather obviously, any couple getting divorced here in New Jersey has a lot at stake, so it’s paramount that you hire a competent attorney who can aggressively represent you at every turn. Contact the Siragusa Law Firm today to schedule your initial consultation with our legal team so we can begin building a strategy to best represent you through the course of your divorce. Our firm is here to help you protect your hard-earned assets. All you need to do is pick up the phone and give us a call or fill out our online contact form.

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