When people ask about equitable distribution of marital property I answer by first defining the terms. In order to ask the question my client is usually involved in a domestic dispute and has either received or filed a divorce complaint or plans on doing so. In that situat ion, clients are often misinformed, sometimes by friends who want to tell them what happened in their own divorce case. In divorce actions, like all other legal actions, each case is unique; one size does not fit all.

Marital property refers to any and all property acquired from the date of the marriage to the date of final separation, regardless of whether the property is in the name of the wife only or the husband only or in both names. Property owned before the marriage is non-marital but that property's increased value is marital. Property acquired by gift is non-marital unless the gift is between husband and wife. Inherited property is non-marital, except for its increased value. Marital property is subject to equitable distribution and that means fair distribution. In some cases, but not all, fair distribution means an equal division of the assets, but all cases are different. A court will look at many factors to determine what is fair in each individual case. If you have legal concerns or are involved in a domestic dispute or, for that matter , if you have any other legal concerns, call my office and schedule an appointment to see me. We are here to help!