In New Jersey divorce matters, not all property is subject to equitable distribution. Gifts, inheritances and intestate distributions received by either spouse from a third party, compensation received by a spouse for personal pain, suffering and disabilities are not to be subject to equitable distribution. Also exempt from equitable distribution are the assets owned prior to the marriage. However, the question arises as to what happens when the value of these assets appreciate during the course of the marriage. These situations require analysis into what has attributed to the appreciation of these assets. Another issue that often arises is happens if some of these assets are co-mingled with other assets. For assets that have been co-mingled they may still possibly be exempt from equitable distribution if it can be demonstrated that the asset was originally intended to be dedicated for the one party or to be returned to the original party. There are a host of other discrete issues associated with seemingly exempt or pre-marital assets. This is why a party to a divorce should retain an attorney whose practice is devoted to matrimonial and family law.
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