8 Things Every Wife Should Ask for in a Divorce Settlement

Divorce is already an emotionally draining experience without having to obsess over every detail. As a wife, you deserve a comprehensive settlement that protects your financial future and way of life. But far too often, women fail to ask for everything they’re rightfully owed – either out of lack of awareness or a misguided attempt to “take the high road.”

The reality is, divorce settlements aren’t designed to punish your ex, but rather ensure you receive your fair share of marital assets, income, and more after splitting from your spouse. New Jersey laws entitle you to an equitable share of what was built during your marriage. Negligence or generosity during this process could leave you with a serious economic disadvantage..

In this guide, we’ll walk through 8 critical components every wife should explicitly request as part of her divorce settlement.

Equitable Distribution of Marital Property

New Jersey follows the principle of equitable distribution when separating marital property.

This rule means that the courts will divide assets acquired during the marriage fairly but not necessarily equally between spouses.

Factors that influence the distribution include:

• Length of the marriage
• Each spouse’s income and earning potential
• Contributions as a homemaker or stay-at-home mom
• Age and health of both parties

A New Jersey wife can typically expect to receive a fair share of the marital assets, including real estate, vehicles, bank accounts, and investments.

Your family law attorney can help ensure that the division in your divorce settlement is truly equitable.

Alimony Payments for Lower-Earning Spouses

The wife may be entitled to alimony payments when a significant income disparity exists between spouses. Also known as spousal support, the state designed alimony to help the lower-earning spouse maintain a standard of living similar to what he or she had during the marriage.

Types of alimony available in New Jersey include limited duration, rehabilitative, and open durational. Our divorce lawyers can assess your case and fight for the spousal support you deserve.

Child Custody and Support Arrangements

For divorcing couples with children, custody and support are critical issues.

New Jersey courts prioritize the child’s best interests when making these decisions and generally favor shared custody arrangements when possible.

The wife may be entitled to primary residential custody, meaning the children live with at least 51%of the time. In this case, she would typically receive child support payments from her ex-husband.

Factors that influence child support calculations include:

• Custody schedule
• Parent’s income
• Needs of the children

At Netsquire, our family law attorneys negotiate a custody and support arrangement that protects the children’s and the wife’s best interests.

A Share of Retirement Benefits

New Jersey law considers retirement accounts and pensions earned during the marriage as marital property and subject to division in a New Jersey divorce.

This rule means a wife is typically entitled to a portion of her husband’s 401(k), IRA, or another retirement plan.

Often, dividing retirement assets requires a Qualified Domestic Relations Order (QDRO) from the courts.

This legal document allows for the distribution of funds without incurring early withdrawal penalties and taxes. Our asset division attorneys have experience dealing with QDROs to ensure you receive your fair share of your ex-husband’s retirement benefits.

Right to Remain in the Family Home

For many divorcing couples, the family home is their most significant asset.

Sometimes, the wife may be entitled to remain in the home, particularly if she has primary custody of the children. This arrangement provides stability for the kids during a challenging time.

Other options for handling real estate in a divorce include:

• Selling the property and dividing the proceeds
• One spouse buying out the other’s share of the equity

Solutions depend on the unique circumstances of each case. Divorce lawyers explore options and protect the wife’s rights regarding the family home.

Temporary Support During the Divorce Process

Divorce is a lengthy process, and a wife may need financial support to cover expenses until the courts finalize the divorce settlement. You may be entitled to temporary spousal and child support in New Jersey while your divorce is pending.

Family law courts typically hold a hearing to determine temporary support shortly after a party files a divorce complaint.

Having a divorce attorney argue for appropriate support early in the proceedings ensures the wife’s needs are met.

Health Insurance Coverage

Divorcing wives covered under their husbands’ health insurance plans must secure individual coverage after the split.

Some options include:

• COBRA continuation coverage
• Insurance through the wife’s employer
• Individual health plans
• Medicare, if eligible

Sometimes, the divorce settlement may require the husband to cover the wife’s health insurance costs for a set period.

Your attorney will negotiate for this provision as part of the overall agreement.

Social Security Benefits After Divorce

A divorced wife may be entitled to Social Security benefits based on her ex-husband’s work record for marriages lasting ten years or longer.

This entitlement can be a valuable source of income, particularly for wives who have spent significant time out of the workforce raising children or supporting their spouse’s career.

To qualify for these benefits, the spouse must meet specific criteria:

• Marriage lasted at least ten years.
• Wife is at least 62 years old.
• Wife is unmarried (unless she remarried after age 60).
• Wife’s individual Social Security benefit would be less than the benefit she would receive based on her ex-husband’s record.

If the ex-husband has not yet applied for benefits but is eligible, the wife can still claim benefits on his record if she has been divorced for at least two years.

Benefit amounts stay the same

It’s important to note that claiming Social Security benefits based on an ex-spouse’s record does not reduce the ex-spouse’s benefits or the current spouse’s benefits (if remarried).

Consulting with a family law firm experienced in post-divorce Social Security disbursements can help wives understand their options and maximize their benefits after separation.

Let Our Team Advocate for the Settlement You Deserve

No two divorces are alike, and the specific assets and support a wife receives will depend on factors such as the length of the marriage, income levels, and child custody arrangements.

Our divorce lawyers protect your rights and guarantee you receive a fair settlement. Our team guides New Jersey wives through the legal process, advocates for their interests, and helps them achieve the best possible outcome in divorce cases.

If you’re considering divorce in New Jersey, contact Netsquire today to schedule a confidential consultation and learn more about what you may be entitled to in a settlement.