Protecting What Matters: Property Division & Marital Agreements in NJ

Dividing property and planning financial arrangements are often two of the most stressful aspects of divorce. Whether you're preparing for marriage or preparing to end one, understanding your rights and responsibilities around property is essential. At our firm, we help clients throughout Bergen County and beyond reach fair, practical resolutions—both inside and outside the courtroom.


As experienced New Jersey property division and marital agreement attorneys, we walk clients through what’s legally required, what’s negotiable, and how to protect their financial futures.

How New Jersey Handles Property Division

New Jersey is an equitable distribution state. That means property isn’t necessarily split 50/50—it’s divided in a way the court considers fair. If you and your spouse can’t agree on how to divide assets, a judge will consider several factors to determine who gets what.


Equitable distribution applies only to marital property—assets or debts acquired during the marriage. This might include:

  • Homes, vehicles, and personal property
  • Retirement accounts and pensions
  • Businesses or professional practices
  • Bank accounts and investment portfolios
  • Debts, mortgages, and credit card balances

Separate property, like gifts, inheritances, or pre-marital assets, may not be divided—but only if it’s properly documented and hasn’t been commingled.

Reaching Agreements Outside the Courtroom

Many couples choose to resolve property issues through a Property Settlement Agreement (PSA) rather than going to trial. This written contract outlines how assets, debts, and support obligations will be handled—and once signed, it becomes part of the divorce judgment.


Our attorneys draft, review, and negotiate settlement agreements that are clear, enforceable, and built around your long-term interests. We also help ensure nothing gets overlooked, from retirement accounts to digital assets.

Planning Ahead with Marital Agreements

Whether you’re engaged or already married, a well-crafted agreement can make things much simpler in the future. We work with couples to create:

  • Prenuptial Agreements (before marriage): Cover how property and income will be handled in case of divorce

  • Postnuptial Agreements (after marriage): Address financial terms after you're already married

  • Mid-Marriage Agreements: Sometimes used to reset or clarify terms during a marriage without signaling divorce

These documents don’t mean you’re expecting the worst—they mean you're committed to clarity. We ensure that every agreement meets legal requirements and is tailored to your specific needs and goals.

Your Advocate in the Financial Side of Divorce

Property and financial decisions have long-term consequences. Our firm is known for being extremely thorough when it comes to financial disclosures, asset valuation, and understanding the full picture. Whether you’re concerned about protecting your business, dividing retirement funds, or negotiating fair terms, we approach each matter with skill and care.

FAQs About Property & Marital Agreements

  • Does New Jersey divide everything 50/50 in a divorce?

    Not always. New Jersey uses equitable distribution, which focuses on fairness—not a strict 50/50 split.

  • What counts as marital property?

    Generally, anything acquired during the marriage—including homes, cars, income, retirement accounts, and debt—is subject to division.

  • Can we make our own property division agreement?

    Yes, and many couples do. It must be fair and follow proper legal procedures. We can help draft or review it to ensure it’s enforceable.

  • Are prenuptial agreements enforceable in NJ?

    Yes, if they’re properly drafted. Courts will enforce them if both parties had full disclosure and entered into the agreement voluntarily.

  • What happens if my spouse hides assets?

    We conduct detailed discovery to uncover hidden assets and ensure all property is accounted for before any agreement or court decision.

Serving Clients Across Bergen County & Northern New Jersey

From Hackensack and Teaneck to Englewood, we’ve helped clients at all income levels manage the financial side of divorce with confidence. We also represent individuals entering marriage who want clear, customized financial agreements they can count on.