Cookstown, NJ Divorce Law Firms & Lawyers

I suppose a pre-nup could be pretty creative. However, about the only thing that you would do is make it costly for a person to file for divorce. If you want to get really intricate, make it so that the divorcing spouse gets nothing unless he or she can prove infidelity or abuse by the other spouse. Also, in order to be effective, both parties have to have had the opportunity to have the pre-nup reviewed by counsel of their choosing.

Property held in joint names should be distributed evenly.  However, if there is an asset, like a bank account, in joint names, either party has the right to go in an withdraw the full amount of that account.  Joint properties (real estate) cannot be sold with out consent of both parties. 

In order to decide whether you are entitled to maintenance or "alimony", there are a number of factors that the court considers: The Court must consider the standard of living of the parties that was established during marriage, the circumstances of the case and of the parties, whether the party who is getting the award lacks sufficient property and income to provide for his/her reasonable needs and whether the party paying the maintenance has sufficient property and income to provide for the others reasonable needs. Factors which must be considered in determining amount and duration are: i) The income and property of the respective parties including marital property distributed; ii) The duration of the marriage and the age and health of both parties; iii) The present and future earning capacity of both parties; iv) The ability of the party seeking maintenance to become self supporting and, if applicable, the period of time and training necessary therefor; v) Reduced or lost lifetime earning capacity of the party seeking maintenance as a result of having foregone or delayed education, training, employment, or career opportunities during the marriage; vi) The presence of children of the marriage in the respective homes of the parties; vii) The tax consequences to each party; viii) Contributions and services of the party seeking maintenance as a spouse, parent, wage earner and homemaker, and to the career or career potential of the other party; ix) The wasteful dissipation of marital property by either spouse; x) Any transfer or encumbrance made in contemplation of a matrimonial action without fair consideration; and xi) Any other factor which the Court shall expressly find to be just and proper. Where permanent maintenance has been awarded, the recipient spouse has almost invariably been older and often in impaired health. Furthermore, the supporting spouse was in a far better financial condition. New York courts in awarding maintenance are very much concerned about the length of the marriage, the ages, health and earning capacity of the respective parties. The duration of maintenance is most apt to be permanent where it is a long-term marriage, and durational where it is a short-term marriage. The Legislature intended that the pre-divorce standard of living be a mandatory factor for the courts consideration in determining the amount and duration of the maintenance award, and that the court must consider the wife's pre-divorce standard of living.