While this is not always the case, a marriage usually consists of one spouse earning significantly more than the other, who typically assumes homemaking duties. Consequently, those spouses earning more may be in a better position to recover financially if the couple opts for a divorce.
Hence, one of the factors courts typically consider during property division is the earning capacity of each spouse. But does this mean the less-earning spouse will receive more during the division to help them recover after the divorce?
Not in all cases
In a New Jersey divorce, the less-earning spouse may receive a larger share of the marital property if the court finds that it supports an equitable distribution. For instance, if the lesser-earning spouse sacrificed career advancement opportunities to support the household or raise children, the court may consider this when dividing assets.
However, every case is unique and the specific details of the marriage and divorce can greatly influence the outcome of each. There may be cases where, considering all available factors, the less-earning spouse does not receive more during the divorce’s property division.
Earning capacity: One of many factors
In New Jersey, divorce courts follow an equitable distribution of property to ensure fairness. While earning capacity is influential, courts weigh numerous factors, such as marital contributions and future needs, to decide asset division.
Each case’s unique facts and circumstances, together with the judge’s best judgment, will determine its outcome. If you are worried about how divorce will affect your property rights, you may seek guidance from a knowledgeable divorce attorney to find the answers and strategies specific to your situation.