Deitch & Perone, P.C.Deitch & Perone, P.C.2026-09-17T16:57:22Zhttps://www.deitchandperone.com/feed/atom/WordPress/wp-content/uploads/sites/1303799/2023/04/cropped-dp-site-icon-32x32.jpgOn Behalf of Deitch & Perone, P.C.<![CDATA[How do you address student loans during divorce?]]>https://www.deitchandperone.com/?p=2526062026-09-17T16:57:22Z2026-09-17T16:57:22ZStudent loans are very common in the United States. In recent years, they have reached record levels. Many people take out student loans that will take them years or even decades to pay off.
As such, this means that there are many married couples where one or both people have student loans from their time in college. If these married couples decide to get divorced, what happens to those student loans?
When did they take out the loans?
This can differ from one situation to the next. Often, when the loans were obtained plays a big role.Generally speaking, if someone took out student loans prior to getting married, those are a separate financial obligation. During divorce, they just continue to have responsibility for their loans, but their spouse does not take that on.It gets complicated when the loans were taken out during the marriage. This can cause them to qualify as a marital debt, especially if both people benefited from the increase in education and if shared resources were used to pay back a portion of the loans. If a couple has been jointly paying the loans out of their savings, for example, then they may have to divide the student loans during a divorce.Additionally, people will sometimes co-sign on a loan. Even if one person was attending college, if their spouse was a co-signer, they are both responsible for that student debt. They would need to divide the debt during divorce because it does not belong only to the student.
Addressing financial obligations
Student loans are just one type of debt that couples need to consider during a divorce. It is very important to know what legal steps to take regarding financial obligations, property division and much more.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Can remarriage or a new child change child support in New Jersey?]]>https://www.deitchandperone.com/?p=2526042026-09-11T15:39:42Z2026-09-11T15:39:42ZRemarriage alone does not automatically change child support
Getting remarried by itself does not automatically mean your existing child support obligation increases or decreases. Your new spouse does not simply take on responsibility for supporting a child from your previous relationship because you married.
The court focuses on the parents' circumstances and the support needs of the child covered by the order. So if you remarry but your financial circumstances otherwise remain similar, the marriage alone generally will not change what you owe.
A new child may affect the support calculation
Having another child with a new partner can affect the calculation because New Jersey recognizes other legal dependents when applying its Child Support Guidelines. The guidelines allow a parent's income to account for support owed to children in a subsequent family.
For example, if you already pay support for a child from a previous relationship and later have another child, the court may consider your responsibility to support both children. However, having another child does not automatically reduce your existing payment.
The new spouse's pay is not simply added to the calculation
Your new spouse's finances do not simply become your income for purposes of your existing child support order. However, when the court applies the adjustment for another legal dependent, the guidelines may require information about the other parent in the new family.
That distinction matters. Your spouse's earnings do not automatically increase the amount you owe, but the court may need information about the new household when determining how your income should support your children.
Changes may require a child support modification
You generally need a formal modification if you believe your changed family circumstances warrant a different support amount. New Jersey law directs courts to consider factors such as each parent's income, earning ability and responsibility for court-ordered support of others when determining child support.
Do not simply lower or stop your payments after getting married or having another child. Until a court changes the order, follow the existing terms.
Protect the existing support order even when circumstances change
You don’t have to find solutions to your co-parenting and support concerns alone. Reviewing your current order with an attorney can help you determine whether your remarriage or new child gives you grounds to request a modification. They can also help you understand what income and family obligations the court may need to consider before you request a change.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[LLC income and spousal support calculations]]>https://www.deitchandperone.com/?p=2526032026-08-29T14:55:27Z2026-08-29T14:55:27Zforming an LLC does not automatically shield business income from consideration in a spousal support case. When determining spousal support, courts may examine a business owner’s actual income and financial resources instead of relying on the income shown on a personal tax return alone.
Why can LLC income be difficult to determine?
A traditional employee usually receives wages that can be verified through pay stubs and tax forms. Business owners may have several potential sources of compensation.
For example, an LLC owner might receive a salary while also taking distributions from the business. The company could retain some profits rather than distributing them immediately. Certain legitimate business expenses may also reduce taxable income.
This does not necessarily mean the spouse is hiding money. Running a company involves genuine expenses, and taxable income is not always identical to income considered for spousal support purposes.
The circumstances become more concerning when business decisions appear designed primarily to make personal earnings look smaller.
What could raise questions about reported income?
Financial inconsistencies can lead to closer scrutiny. A spouse might report modest earnings while maintaining a lifestyle that seems difficult to support with that income.
Questions may also arise if the LLC pays expenses that provide a significant personal benefit. Records that may help clarify the financial picture include:
Business and personal bank statements
Tax returns and financial statements
Payroll records
Profit-and-loss reports
Owner distributions
Business expense documentation
If you believe that your spouse’s LLC business income is understated, a family law legal professional can review available financial information and determine what additional records may be appropriate to request.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Do we need a prenup if we are not rich?]]>https://www.deitchandperone.com/?p=2526022026-08-16T00:36:34Z2026-08-16T00:36:34ZWhat can a prenuptial agreement protect?
A prenuptial agreement may address matters such as:
Property each person owns before the marriage
Responsibility for existing and future debts
Ownership of property acquired during the marriage
Business interests or investments
Retirement accounts and other financial assets
Certain spousal support obligations
Rights involving property after a spouse dies
These provisions can be valuable even when the assets involved are relatively modest. A prenup may provide clarity about a family home, savings or other property that becomes more valuable over time.
Does a prenup mean we expect to divorce?
No. Creating a prenuptial agreement does not mean that a couple expects the marriage to fail. It is a form of financial planning that requires both parties to discuss property, debt and their expectations before getting married.
These conversations may reveal financial issues that couples have not previously addressed. Discussing them before marriage can establish clearer expectations about ownership and responsibility.
If you have property or simply want clearer financial expectations before marriage, an agreement may be worth considering. Seeking legal guidance can help you see how a prenuptial agreement could provide meaningful protection and help to better ensure that any agreement you enter complies with state laws.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Protecting a child’s 529 account during a divorce]]>https://www.deitchandperone.com/?p=2526012026-08-02T22:15:54Z2026-08-02T22:15:54Zcontributions to a child’s 529 account – either separately or from one of their jointly owned accounts.
This can present complications in a divorce when dividing assets – especially if the parent who owns the account decides to withdraw from or even close it and use the funds for themselves (despite the fact that they’ll pay a tax penalty for it). They could also conceivably keep the account open and use it for another child they have outside their current marriage, for a stepchild or even for a new spouse by changing the beneficiary.
Preserving the funds in a 529 for the intended beneficiary
For the non-account-owning parent, there is more than one way to protect a child’s college savings. It’s possible to roll over part of the balance in the account to another 529 owned by the other parent without incurring tax penalties, for example.
Parents can also agree to require notification and approval by the parent whose name isn’t on the account if any distributions or beneficiary charges are made and to be able to view the account and/or get copies of all statements and communications. The other parent can, of course, open a 529 account for the same child if they choose whether they use rolled-over funds or not.
A 529 account can be too easily overlooked in the midst of divorce and the division of assets that may be worth more or that have to be addressed immediately, like the home. With experienced legal guidance, parents can help ensure that they protect their children’s future regardless.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[What are the residency requirements for New Jersey divorce?]]>https://www.deitchandperone.com/?p=2526002026-07-18T23:30:19Z2026-07-18T23:30:19ZNew Jersey requires a year of residency
Some states allow people to file for divorce there in a matter of weeks after relocating. New Jersey is a bit stricter. Only those who have resided in New Jersey for 12 months or longer are typically eligible for divorce in the state. There is one primary exception to that 12-month residency requirement.
In cases involving a fault-based divorce filing brought on the basis of adultery, divorcing in New Jersey is possible if either spouse currently resides in New Jersey, regardless of how long they have lived there. Otherwise, people who recently moved may need to wait months.
Determining when a New Jersey divorce filing is possible and what type of divorce to pursue is a process that requires legal insight. Discussing family matters and personal concerns about an upcoming divorce with a New Jersey lawyer can help people who may have previously lived in another state understand and comply with local laws.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[How can shift work affect a New Jersey parenting plan?]]>https://www.deitchandperone.com/?p=2525992026-07-17T08:33:29Z2026-07-17T08:33:29Zchild custody law, courts base custody decisions on the child’s best interests. Your employment responsibilities are among the factors a judge may consider, but your work schedule does not decide the outcome by itself.
Build a schedule around your child’s routine
A detailed plan can show how you will remain available and involved despite unconventional hours. When developing a workable parenting plan, consider addressing:
How far in advance you will share your work schedule
Who will provide child care during overtime or unexpected shifts
How you will handle transportation and exchanges
Whether you can reschedule parenting time missed because of work
How you will protect school, homework and bedtime routines
Parents may also include a right of first refusal, requiring either parent to offer the other parenting time before using another caregiver during specified absences. Clear terms about when this provision applies can help prevent disagreements.
Show how your arrangement meets your child’s needs
A judge may examine each parent’s ability to communicate and cooperate, the child’s relationships with both parents and siblings and the stability and safety of each household. The court may also consider the distance between the parents’ homes and whether the schedule gives your child frequent and continuing contact with both parents.
Records such as work calendars, child care arrangements and transportation plans can help explain how your proposal would function in daily life.
Your job does not define your parenting ability
Shift work may require additional planning, but it does not tell the whole story of your relationship with your child. Preparing a realistic schedule can demonstrate that you are ready to provide consistent care while meeting your professional responsibilities.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Ways in which online abuse happens in marriage]]>https://www.deitchandperone.com/?p=2525972026-07-09T16:17:20Z2026-07-09T16:17:20ZTechnology has become part of everyday family life, but it can also be misused to control or intimidate a spouse. Digital domestic abuse may develop gradually, making it difficult to recognize until the behavior becomes persistent and emotionally harmful.
If you believe your spouse is using technology to monitor, threaten or control you, it is important to understand that these behaviors may be more than relationship problems. Depending on the circumstances, they may raise concerns under New Jersey family law and domestic violence protections.
Controlling online accounts and personal information
One common form of digital domestic abuse involves taking control of another person's online presence. A spouse may demand passwords to email, social media or financial accounts, then monitor activity without permission.In some situations, the abusive partner may change passwords, restrict access to accounts or prevent the other spouse from communicating freely with friends and family. These actions can increase isolation and create a sense of fear or dependence.
Using technology to intimidate or harass
Technology can also be used to create constant pressure throughout the day. Repeated text messages, excessive phone calls or threatening emails may become tools for intimidation rather than communication.Some individuals also use social media to embarrass a spouse publicly, spread false information or send unwanted messages through multiple platforms. Even when there is no physical contact, this conduct can have a significant emotional impact.
Monitoring movements and daily activities
Technology makes it easier than ever to track another person's location or daily routine. A spouse may install tracking applications on a phone, monitor shared devices or use location sharing features without genuine consent.This type of surveillance can leave someone feeling that they are constantly being watched, limiting their ability to communicate privately or make independent decisions.If you believe you are experiencing digital domestic abuse, do not ignore the warning signs. Preserving electronic communications and documenting concerning behavior may become important. If you have questions about your rights under New Jersey family law or concerns involving online abuse within your marriage, seek legal guidance as soon as possible.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[What happens to retirement benefits after a gray divorce?]]>https://www.deitchandperone.com/?p=2525962026-06-20T15:03:48Z2026-06-20T15:03:48ZBenefit programs have divorce rules
Divorce is relatively common, so government benefit programs address the possibility of a marriage ending close to or during retirement. Spouses who may only qualify for Social Security retirement benefits for Medicare health insurance based on a working spouse’s employment history may still be eligible.
Under current rules, those who stayed married for at least 10 years can potentially qualify for Social Security retirement benefits or Medicare coverage based on a spouse’s employment history. For those seeking Social Security benefits, it is possible to qualify without any work history or to supplement lower benefits based on a former spouse’s work history. The claims made by dependent spouses do not reduce what the working spouse receives.
Divorcing later in life does not prevent people from qualifying for Medicare or Social Security because of a change in their marital status. Yet, it cannot be denied that – generally speaking – people who have guidance when addressing the financial implications of a gray divorce can better ensure that they have the resources and support they need for comfort in their golden years.]]>On Behalf of Deitch & Perone, P.C.<![CDATA[Seeking to maintain your marital standard of living post-divorce]]>https://www.deitchandperone.com/?p=2525952026-06-15T15:52:09Z2026-06-15T15:52:09ZWhat does New Jersey law say?
Among the factors that New Jersey law allows to be considered when judges are awarding spousal support (alimony) is the “standard of living established in the marriage or civil union and the likelihood that each party can maintain a reasonably comparable standard of living, with neither party having a greater entitlement to that standard of living than the other.”
That means if one spouse can afford to pay enough in support and/or share marital assets in a way that will allow their ex to maintain their marital standard of living without infringing on their own, a judge may agree to that. Of course, other factors will be considered, like both spouses’ ages and health, the receiving spouse’s earning potential and other obligations (like child or elder care) and the sacrifices of the receiving spouse for the other’s education, career or business.
Certainly, it’s generally best when divorcing spouses can work out alimony and property division agreements on their own, with the help of their legal representatives. However, if that’s not possible, you may need to be prepared to make a strong case to a judge. In either event, seeking legal guidance can help you to better ensure that you ultimately receive a settlement that is truly fair given your unique circumstances.]]>