When you get divorced, you know that means that you are going to have to split the marital assets with your spouse. What about investments and stocks though? Do they all have to be sold off? What if you had stocks before you got married? Our experienced Mountainside property distribution attorneys can answer your questions and make sure that you get a fair share of these investments.
Are Investments and Stocks Marital or Separate Property?
If you owned investments and stocks before you got married, they could probably be considered separate property. You should get those in the divorce, since they were yours before the marriage even began. If you and your spouse purchase stocks and made investments together, that is when things can get complicated.
Stocks you bought together will probably end up being divided between you and your spouse. After all, you both made the investment. It would seem unfair if only one person got to take advantage of it.
What is Considered When Investments and Stocks Are Divided Between Spouses?
The state of New Jersey abides by a principle known as “equitable distribution” when it divides assets between spouses in a divorce. That does not necessarily mean equal. A judge can look at a variety of factors and conclude that one spouse may need more than another. They could consider:
- The age and health of both spouses
- The income and occupation of both spouses
- The future earning potential of both spouses
- Whether or not one spouse has wasted a significant amount of marital assets
- How long the marriage lasted
- Whether or not one spouse is receiving money, like child support, from an earlier marriage and divorce
- Parental responsibilities
- Any prenuptial or postnuptial agreements made
All of these can factor into a judge’s position. Maybe they decide to split your investments right down the middle, or perhaps they believe that one spouse would benefit from keeping a larger portion of it.
When Do I Need a Divorce Lawyer?
A divorce lawyer can help you fight for the best possible outcome. They can help you show that some of your investments and stocks are separate property, and they can make sure that you get your fair share of the marital assets. If you have any questions or concerns during this process, your attorney is there for you. They can also advise you on what to do with other accounts, like retirement accounts and your 401k. There is a lot at stake here, so you probably do not want to go it alone.
Meet With Our Team
When you are ready to move forward with a divorce and do everything that you can to keep your fair share of assets, contact Ross & Calandrillo, LLC. We will make sure that your investments and stocks are divided up in a fair manner along with everything else.
