For equitable distribution purposes, does the court take into consideration if only one of the spouses worked during the marriage?
The fact that one spouse may not have worked during the marriage is not particularly important. The whole concept of a marriage in New Jersey is that it is an economic partnership. Unless proven otherwise, the court will presume that both the husband and wife both made substantial financial and/or non-financial contributions to the acquisition of income and property during the marriage. In a traditional marriage, if the wife did not work during the marriage, the court will then emphasize her marital duties and homemaking chores that she contributed to the marriage. The court will not try to put an economic value on the wife’s contributions to the marriage. The most important aspect in an equitable distribution case is to determine what assets were acquired during the marriage. The court will not try to put a value on each person’s individual contribution to the marriage.
