Q: Is it true that she would be entitle to roughly 50% of the gains after 3 1/2 years?
After 3 1/2 years, she wants divorce after I caught her cheating. Is it true that she would be entitled to roughly 50% of all the gains - 401k, RothIRA, brokerage account? Just for kicks, lets say I had/have 401k that's worth 225k of which 40k are the gains - of that 40k, 25k is contribution and 15k is growth of investment. Also pre marriage RothIRA that's worth 35k with no contribution since marriage and 4k of investment growth. Post marriage RothIRA worth 18k with 16.5k contribution 1.5k growth. My brokerage/checking account is valued at 135k of which 40k are gains since marriage. She has/had 401k from her previous job that's worth 35k with no contribution to that since we got married and about 4k of that is growth since marriage.
Is she really equitably entitled to 40k*50% + 4k*50% + 18k*50% 40k*50% - 4k*50% = 49k in NJ? No prenup obviously.
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A: Your not yet ex-wife would be entitled to "equitable distribution", which is not necessarily going to be a 50-50 split. Equitable distribution is not based on gains, it is based on the full economic picture. You need to retain an experience matrimonial attorney to handle your divorce case for you. If you get remarried again, then you need a strong prenuptial agreement first. Do not let geographic restrictions get in the way of retaining the best attorney. Pick the best attorney you can find and remember one rule: a good attorney is generally never cheap, and a cheap attorney is generally never good so don't choose based on price.
A:
Thank you for your question.
The accounts you are discussing are equitably divided as part of the divorce. Although this does not mean the other party receives 50%, most of the time these accounts are split evenly. The accounts are appraised from the date of marriage to the date of the divorce complaint. Any appreciation in those accounts during that time are eligible for distribution as part of the divorce. Based on your circumstances, it would be best to contact an experienced family law attorney to address your specific concerns.
I hope this information was helpful to you.
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