Vol. L · No. I FOL. LIFamily LAW
Matter · Bergen · 2026
Bergen County Superior Court, Family Part 2026 Bergen Vicinage (Hackensack) Robert W. Avery, Esq.
Family LAWContested Divorce in Bergen Family Part — An Equitable-Distribution Approach
Case-type narrative — Bergen Family Part contested divorce resolved through detailed equitable-distribution analysis under N.J.S.A. 2A:34-23.1.
Question Presented
Whether a long-term marriage characterized by asymmetric earning capacity and intermingled separate-property contributions warrants a non-equal division of marital assets under the sixteen factors of N.J.S.A. 2A:34-23.1, where the contributing spouse seeks recognition of pre-marital and inherited contributions.
Holding
Equitable distribution is not synonymous with equal distribution. Where the record establishes asymmetric contributions to marital asset acquisition and a credible tracing of separate-property seed capital, the Family Part may — and in this matter did — depart from a 50/50 baseline to honor the statute's sixteen factors.
Brief Background
The matter involved a contested divorce after a long-term marriage. The parties disputed the characterization of certain investment accounts, the treatment of inherited real property, and the application of pre-marital business interests to the marital balance sheet. The parties' joint income tax filings and a forensic accountant's tracing analysis were the central documentary record.
Firm's Role
Avery & Avery, Esqs. served as counsel for the contributing spouse from the initial complaint through entry of the dual final judgment of divorce. The firm built the tracing record with a retained forensic accountant, opposed the equal-division presumption with statutory-factor argument, and resolved the matter at early settlement panel on terms reflecting the asymmetric contributions.
Citation
N.J.S.A. 2A:34-23.1 (equitable distribution factors); Painter v. Painter, 65 N.J. 196 (1974)