You didn’t build your life’s work by leaving things to chance. You’ve planned, saved, and made strategic decisions to secure your future. Maybe you’ve seen a friend or family member go through a tough divorce, watching their hard-earned assets become a source of conflict and loss. That experience may have made you wonder what steps you can take to protect your financial well-being.
Thinking about these options isn’t about expecting the worst; it’s about smart, forward-thinking planning. It’s about staying in control of the future you’ve worked so hard to create.
At Weiner Law, we respect the diligence and effort that brought you this far. Our role is to provide steady, experienced legal guidance that turns your foresight into a concrete plan. We have the legal acumen to help you protect assets before a divorce, so you can maintain control over the secure future you’ve built. Contact us today by calling us at 973-403-1100.
What Is Considered Marital Property in New Jersey?
Before you can protect your assets, it is important to understand how New Jersey law categorizes them. Generally, any assets or debts acquired by either spouse from the date of the marriage until one spouse files a divorce complaint are considered marital property and subject to equitable distribution. On the other hand, separate property is not typically subject to division in a divorce.
New Jersey law identifies separate property as assets that fall into the following categories:
- Property owned by one spouse before the marriage,
- Gifts received by only one spouse from a third party during the marriage, and
- Inheritances received by one spouse.
Understanding these distinctions is the first step in developing effective asset protection strategies in a marriage.
Should I Consider a Postnuptial Agreement?
A postnuptial agreement can effectively protect your assets if you’re already married. This legal contract, signed by both spouses, outlines the process for dividing assets and debts in the event of the marriage’s dissolution.
To be valid in New Jersey, a postnuptial agreement must be in writing, entered into voluntarily, without pressure, and based on both spouses’ complete and honest disclosure of all assets and liabilities.
How Can I Properly Document My Separate Assets?
Meticulous record-keeping is essential for protecting separate property. Without clear proof of an asset’s origin and its separation from marital funds, it risks marital property treatment. This concept is known as commingling. Commingling happens when a spouse mixes separate property with marital property to the point that it can no longer be distinguished. For example, depositing an inheritance into a joint checking account used for household bills can convert it into a marital asset.
To maintain the separate character of your assets, you should:
- Keep inherited funds or pre-marital savings in an account under your name only;
- Title any asset that you use separate funds to purchase in your name alone; and
- Save all documentation, such as deeds, account statements, and brokerage reports, that traces the asset back to its source as separate property.
Proper documentation is your best defense against claims that your separate property has become part of the marital estate.
What Actions Should I Avoid When Protecting Assets?
When learning how to safeguard property during divorce, it is just as important to know what actions to avoid as it is to know what steps to take. While proactive planning is advisable, specific actions can jeopardize your financial stability. Attempting to hide, transfer, or unfairly dispose of resources to protect assets before the divorce can result in severe penalties.
You should never:
- Transfer assets to a friend or family member to hide them from your spouse,
- Create undisclosed offshore accounts or other hidden financial vehicles,
- Sell property for less than its fair market value to an associate, or
- Overspend marital funds on non-essential items or an extramarital affair.
Engaging in these behaviors can result in a judge awarding your spouse a larger portion of the remaining assets.
Is It a Good Idea to Create a Trust?
Among the various asset protection strategies in marriage, creating a trust is a sophisticated option for certain situations. Transferring separate property into a correctly set up irrevocable trust legally transfers ownership of those assets to the trust.
Creating a trust should be done for legitimate estate planning reasons, such as providing for children from a previous marriage, and not as a last-minute attempt to hide assets from your spouse. Setting up a trust is a complex process, so it’s best to consult an experienced attorney to determine the right choice for your situation.
How Can an Attorney Help with Asset Protection Planning?
An experienced family law attorney does more than represent clients during a divorce; we also help them plan for the future. We provide objective advice and strategic guidance to assist you in taking the proper legal steps to shield wealth before divorce. Whether it’s drafting a solid postnuptial agreement, advising on approach and correct documentation, or exploring trust options, we aim to help you develop a clear and legally enforceable plan.
Why Choose Weiner Law Group for Your Divorce?
When your future is on the line, you need a law firm with a proven record of success and a deep commitment to its clients. Weiner Law Group brings over 35 years of experience to every case. We have built a reputation for excellence throughout New Jersey, and The Best Lawyers in America has honored many of our attorneys for their work.
As a full-service law firm with 61 attorneys across 5 locations, we have the resources to assist with the most complex financial portfolios, including those involving business valuations or intricate investments. We build strong relationships with our clients, offering the personalized attention of a small practice with the comprehensive knowledge of a large firm.
Take the First Step Toward Protecting Your Future
Planning for your financial future can feel complex, but you don’t have to do it alone. A skilled attorney can help you understand your options and build a clear plan to move forward with confidence. We invite you to reach out today at 973-403-1100 to learn how we can help protect what you have worked so hard to build.