How is alimony and property division determined?
Alimony and Equitable Distribution (division of marital property) are separate issues and are determined by different methods. Equitable Distribution is the fair division of jointly owned property that has accumulated during the marriage. Generally, all property acquired by the parties becomes part of the marital estate and is subject to division. The property considered in the marital estate may also include each party’s pension, in addition to real estate, savings accounts, and other personal property. However, and gifts or inheritances given specifically to one party may be excluded from distribution, as long as the property has been kept separate from the rest of the estate. In New Jersey, all the property accumulated between the date of the marriage to the date the divorce complaint is filed is considered part of the marital estate. In Pennsylvania, the relevant period of time is from the date of marriage to the date of separation. The parties may reach an agreement between themse
