Experienced NJ & Philadelphia Property Division Attorney – Protecting Your Assets in Divorce
Dividing property during a divorce is rarely simple
From homes and cars to retirement accounts
and investments, the process can feel overwhelming — and the stakes are high. At Garnes Law,
we help you protect your financial future by ensuring a fair and equitable division of property.
What’s considered Marital Property?
In New Jersey and Pennsylvania, most property acquired during marriage is considered marital property. This may include:
The family home
Bank accounts and savings
Retirement plans and pensions
Vehicles, jewelry, and valuable personal items
Separate property (assets owned before marriage or received as gifts/inheritance) may be excluded — but disputes often arise.
How Garnes Law Protects You
We work with financial experts when needed to:
Identify and classify marital vs. separate property
Accurately value assets and debts
Uncover hidden accounts or investments
Negotiate for a fair settlement or fight for you in court
Complex Property Cases
David Garnes has experience with divorces involving:
High net worth individuals
Business owners and entrepreneurs
Military pensions and benefits
Long-term marriages with substantial assets
FAQs
What is marital vs. separate property?
Marital property includes assets acquired during the marriage. Separate property includes assets owned before marriage or received by gift/inheritance, although separate property can convert to marital in some cases (e.g., commingling).
How is property divided in a divorce?
Property is divided either by state rules (community property vs. equitable distribution) or by mutual agreement. In equitable distribution states, courts divide assets fairly but not always equally.
Does the divorce court divide debts too?
Yes, marital debts, like mortgages and loans incurred during the marriage, are typically divided between the spouses along with assets.
What happens to our home in property division?
The family home can be sold with proceeds divided, one spouse can buy out the other’s share, or spouses can agree on other solutions depending on financial circumstances.
Are retirement accounts part of property division?
Yes, retirement plans, pensions, 401(k)s, and IRAs may be divisible in a divorce and may require special orders to transfer benefits.
Title or QuestionCan a prenuptial or postnuptial agreement affect property division?
Yes, valid prenuptial or postnuptial agreements can define how property is divided and may prevent disputes over certain assets.
learn how we can protect your financial interests in divorce.
Call Garnes Law today for a confidential consultation
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Cherry Hill Office
3 Executive Campus
2370 Marlton Pike West Suite 255
Cherry Hill, NJ 08002
Phone: 856-438-5234
Fax: 856-282-1159
Philadelphia Office
One Liberty Place
1650 Market Street 36th Floor
Philadelphia, PA 19103
Phone: 267-838-9713
Fax: 856-282-1159
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