Blog

Prolonged Separation = Divorce Complications

The New Jersey Appellate Division case of Milcarsky v. Milcarsky, confirmed the trial court’s decisions about thorny issues resulting from prolonged separation.

In this case, the parties separated after nine years of marriage.  However, neither filed for divorce until 2015, 11 years later. The court treated this marriage as one of 20 years’ duration. The trial court awarded open-durational alimony.  The Appellate court affirmed this decision. The court also included all assets acquired post-separation, but prior to the date of the Complaint for Divorce, as marital, but declined to divide them equally, holding such a distribution would be patently unfair. However, the assets acquired during the marriage, and prior to the separation, should be equally divided. This decision yielded a 21.5% distribution of assets. Specifically, the defendant’s 401(k) was divided so that the plaintiff would receive 21.5%, not 50%.

Many factors can complicate a divorce. Certainly, a prolonged period of separation is a significant one.

Please contact me at jlawrence@lawlawfirm.com if you have questions about this post or any other family law matter.

Subscribe to Our Blog

Loading
SHARE THIS POST:

Related Posts

Blog
Steps to Take If Quarantining Is Straining Your Marriage

How to Make Sure Your Marriage Survives the COVID-19 Quarantine Marriage is rarely easy and requires spouses to work at it to ensure that the union thrives and survives. In the U.S., the average length of a marriage is approximately eight years, which means to remain together for a longer period of time a continual…

Read More
Blog
My husband left me and I don’t know where he is. Can I get a divorce?

My husband left me and I don’t know where he is. Can I get a divorce? This blog originally appeared on NJMoneyHelp for NJ.com by Karin Price Mueller on June 15, 2020. Q. My husband left me two years ago and I have no idea where he is. We own our house together and an…

Read More
Blog
COVID-19’s Impact on Family Law

I was recently quoted in a New Jersey Law Journal article about COVID-19’s impact on family law. The article is entitled, State Court Filings Drop 20% as Judges, Lawyers Cope with COVID-19 Disruptions. While the article discussed court filings statewide, my quotes focused on New Jersey’s Family Division. The article says that Family Division filings…

Read More
Blog
There is No Community Property in New Jersey

There is no community property in New Jersey. Said differently, the concept of community property is not a recognized legal concept in New Jersey divorce cases. In New Jersey, the division of property amid a divorce falls under principles of equitable distribution. All marital assets get equitably distributed in a New Jersey divorce. Among these…

Read More
Blog
Practicing Law During COVID-19

Jeralyn Lawrence, Founder and Managing Partner of Lawrence Law, took place in MyShingle.com’s interview series – Pandemic Law Practice: How 14 Solo & Small Firm Lawyers Are Serving Clients and Keeping the Wheels of Justice Turning. Click here to hear the interview. A couple of highlights from Lawrence’s interview regarding client issues Custody and parenting…

Read More
Blog
The Goal of Divorce

The main goal of divorce is to reach an agreement with your spouse. The terms of the agreement are memorialized, in writing, in a Marital Settlement agreement. This agreement is also known as a Property Settlement Agreement. A very high percentage, meaning almost all, divorce cases settle. In other words, a very small percentage of…

Read More
Call Now ButtonCall Us