The Connection Bernards-Ridge Edition Feb/Mar 2019

FEB/MARCH 2019 THE BERNARDS-RIDGE CONNECTION PAGE 67 Divorce Lawyers Dedicated Solely to New Jersey Family Law A firm devoted solely to practicing family law, Shimalla,Wechsler, Lepp & D’Onofrio, LLP, provides exceptional services through both litigation and alternative dispute resolution.We will defend your rights and best interests at every stage of the process, and seek solutions through an intelligent and practical approach to divorce. Dependable Legal Guidance Tailored to Your Needs and Focused on Results Our lawyers provide practical guidance, advice, and recommendations to help our clients establish realistic objectives and understand the various legal options at their disposal. Our attorneys focus on: • Dissolutions of marriage, civil unions, and domestic partnerships • Child custody, parenting time, and child support • Alimony, palimony, and spousal support • Equitable distribution of assets and liabilities • Post-Judgment Matters • Domestic violence Litigation and Alternative Dispute Resolution Our attorneys understand that divorce affects every family differently.We will take the time to understand your unique circumstances and devise legal solutions tailored to suit the needs of your family. In all cases, our lawyers will explain the avenues of mediation, arbitration, and collaborative law as non-adversarial alternatives to taking a case to court.When litigation in the courts is the appropriate option, we use our extensive experience and skills to take proactive and decisive action on your behalf. Our firm takes pride in providing results-driven legal services for our clients and we remain dedicated to your best interests throughout the process. All four of our partners are trained in mediation and collaborative family law. In addition, our firm received a First Tier ranking in New Jersey Family Law by U.S. News &World Report – Best Lawyers ® for the Ninth Edition of Best Law Firms*, and three of our partners are certified by the Supreme Court of New Jersey as Certified Matrimonial Law Attorneys. We are committed to providing superior legal representation that yields favorable results in an efficient and timely manner, while helping to reduce the emotional and financial toll on the family, and focusing on your specific goals to help you build a brighter future. High-Quality Family Law Solutions Backed by 110 Years of Experience Michele E. D’Onofrio Amy Zylman Shimalla AmyWechsler Heidi Ann Lepp Shimalla,Wechsler, Lepp & D’Onofrio, LLP 101 Town Center, Suite 117,Warren, NJ 07059 (908) 922-4238 info@swldfamilylaw.com • www.swldfamilylaw.com Serving clients in most NJ counties including, but not limited to, Somerset, Hunterdon, Middlesex, Union & Morris counties. *Best Lawyers® inclusion is based entirely on peer-review. Information on the selection process can be found at http://bestlawfirms.usnews.com/methodology.aspx. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. BEST In New Jersey, divorces of married cou- ples and civil union couples are subject to certain financial rights and obliga- tions that unmarried couples do not acquire, even if they lived together and supported each other in a long-term relationship. Traditional divorce law regarding alimony and distribution of assets do not apply to unmarried cou- ples. For example, New Jersey law says that married people have an obligation to support each other, so a supported spouse can seek alimony upon divorce. For unmarried couples, there is no right to alimony. As an alternative to alimony, someone who has been in a non-marital rela- tionship may request “palimony” from his or her partner when their relation- ship comes to an end. This is possible if, and only if, there was a clear agree- ment that one party would pay pal- imony. To be enforceable, that agree- ment must be in writing, it must be signed by the person who would pay the support, and it must have been entered into with each party having had independent legal advice. Another significant difference in how the law treats married vs. non-married couples involves the sharing of assets and debts. Divorce law allows for “equitable distribution” of property acquired by either or both parties dur- ing the marriage. While there are exceptions to this (such as inheritance or gifts to only one party that are not comingled with other assets), even if only one party works, earns money and acquires significant savings, those savings are considered marital property and each party will be entitled to a por- tion. This is true even for assets held solely in the name of one of the spous- es. Similarly, if one party incurred bills for services or goods such as health care, groceries, clothing and ordinary expenses, those bills are considered marital debt, for which both spouses may have to share some responsibility, even though the debt may be in only one party’s name. For unmarried couples, equitable distri- bution is not an option. They are not entitled to a share of each other’s sav- ings, real estate or other assets unless these are held jointly in both parties’ names, or both parties contributed to the cost to acquire them. Unmarried couples also do not share responsibility for each other’s separate debts. This does not mean that unmarried couples never share assets or liabilities. When two people own property together or both contributed funds to acquire an asset, they are each entitled to an interest in it. The extent of their inter- ests depends on how they take title to the property (for example, ownership of a house or a car), or how they each contributed to the cost (for example, furniture they buy together). Unless couples keep good records, this can be very difficult to figure out years later when they separate. An unmar- ried couple should consider addressing these issues early in the relationship to avoid uncertainty and conflict in the future. It may make sense to consult with a family law attorney about enter- ing into a palimony agreement or a cohabitation agreement that spells out what each party’s rights and obliga- tions if they later part ways. (Note: This article does not address child custody and parenting time, which are not determined based on marital status). RIGHTS OF UNMARRIED COUPLES WHEN THE RELATIONSHIP ENDS By: Amy Wechsler, Esq. www.theconnectionsnj.com