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Any accounts specifically addressed or earmarked as separate property in a prenuptial or postnuptial agreement will typically remain exempt from division in modern New Jersey divorce proceedings.
A Marital Settlement Agreement (MSA) is a legal document used in New Jersey that spells out the terms of a divorce and provides a framework for the relationship between former spouses after divorce. In New Jersey, MSAs are also sometimes called Property Settlement Agreements.
Settlements mean that the case is not decided by the Judge (Court). Instead, you and your spouse agree to resolve the matter without the Judge making a decision. Settlements can happen before the day of trial, on the day the trial is scheduled, or even in the middle of the trial.
Generally speaking, no, your spouse is not entitled to your inheritance. You see, New Jersey state law specifies that all property acquired during the marriage by either spouse by way of inheritance (sometimes called devise) or gift by a third party will not be subject to equitable distribution.
While it is quite clear that something used by both parties should be a matrimonial asset, such as money in a jointly-held bank account, a shared car, or the matrimonial home, sometimes an asset held by just one of the parties is also liable to be divided as a matrimonial asset.
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First, have both parties disclosed all of his/her bank accounts? Any bank accounts that were opened during the marriage or funded during the marriage are usually considered marital property and subject to equitable distribution.
In most cases, a person who receives an inheritance is under no obligations to share it with his or her spouse. However, there are some instances in which the inheritance must be shared. Primarily, the inheritance must be kept separate from the couples shared bank accounts.
Marital settlement agreements, also known as divorce settlement agreements, marital termination agreements, separation agreements, or stipulations of settlements, are written contracts between divorcing spouses of their responsibilities and rights after divorce. Once formed, both parties are legally bound to them.
If your case settles, your attorney will prepare a Marital Settlement Agreement (MSA) or a Stipulated Judgment that contains all the terms of your settlement. Every issue in your divorce, such as the division of property, custody, and support will need to be addressed in this document.
A Fair Share of Assets The longer you and your partner were married, the more likely it is that you have tons of intermingled marital assets that need to be separated and divided. If your marital assets include businesses, antiques, or real estate, ensure that you are getting a fair hand in the division.

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