Facing the possibility of divorce can feel overwhelming — especially after a long-term marriage. Even if you and your spouse are still living together, tension and uncertainty can make it difficult to think clearly about your next steps.
You may be wondering:
Should I hire a divorce lawyer now?
How can I protect my assets before divorce?
What will divorce mean for my financial future?
In New Jersey, preparing for a possible divorce doesn’t have to mean declaring war on your spouse. Instead, it’s about understanding your legal rights, organizing your finances, and positioning yourself for the best possible outcome — whether you ultimately decide to file or not.
This guide explains practical steps to protect yourself under New Jersey divorce law.
1. Get a Complete Picture of Your Finances
One of the most important things you can do before divorce is organize your finances. In many marriages, one spouse manages most of the money — leaving the other with limited knowledge. If you have less information, close that gap before divorce proceedings begin.
Gather and organize:
Bank statements for all accounts (checking, savings, money market, and investments)
Retirement accounts (401(k), IRA, pension) for both spouses
Tax returns for the past three years (including W-2s, 1099s, and any business filings)
Mortgage statements and property deeds for all real estate
Vehicle titles and loan agreements
Credit card statements and all personal or business loan records
Pay stubs for both spouses
Life insurance policies and beneficiary details
Estate planning documents (wills, trusts, powers of attorney)
Having these documents ready helps your New Jersey divorce attorney assess your situation quickly, saves you time, and can reduce legal costs.
2. Understand Marital vs. Separate Property in New Jersey
New Jersey follows equitable distribution laws — meaning property is divided fairly, but not necessarily equally.
Marital property generally includes all assets and debts acquired during the marriage, regardless of whose name is on the title.
Separate property can include:
Assets owned before marriage (if kept separate)
Inheritances or gifts received in your name alone
Certain personal injury awards
Be aware: property lines can blur. If you commingled separate funds (e.g., depositing inheritance money into a joint account), it may now be considered marital property. Similarly, if your spouse contributed to maintaining or improving a premarital home, they may be entitled to a portion of its increased value.
After decades of marriage, most property will likely be marital — but identifying any separate property is still important.
3. Know How Alimony Works in New Jersey
Alimony (spousal support) is a key consideration in long-term marriages. In New Jersey, open durational alimony — previously called permanent alimony — may be awarded in marriages of 20 years or more.
When determining alimony, courts consider factors such as:
Length of the marriage
Ages and health of both spouses
Earning capacity and work history
Standard of living during the marriage
Financial and non-financial contributions to the household
Ability of the paying spouse to meet both parties’ needs
If one spouse earns significantly more — or if one spouse left the workforce to raise children — alimony could play a major role in the divorce settlement.
4. Understand What “Having an Attorney on Retainer” Means
Some people believe they need to keep a divorce attorney “on retainer” just in case. In family law, this usually means paying an initial retainer fee that is deposited into a trust account and billed against as work is performed.
Taking the Right Steps Today Can Protect You Tomorrow
At The Micklin Law Group, we focus on guiding men and fathers through complex divorce cases in New Jersey, including high-asset property division and long-term marriage alimony disputes. We understand that divorce can be emotionally draining and financially challenging, and we provide strategic, results-driven representation to protect your future.
This site contains Attorney Advertising Material. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
