Schepisi & McLaughlin, P.A.Bergen County Lawyer | Schepisi & McLaughlin, P.A. | Family Law, Business Law, Construction Law2026-10-13T14:11:39Zhttps://www.schepisi.com/feed/atom/WordPress/wp-content/uploads/sites/1201392/2019/11/cropped-site-icon-32x32.pngOn Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Can a trust protect assets from a New Jersey divorce]]>https://www.schepisi.com/?p=495922026-09-25T16:57:52Z2026-09-25T16:57:52ZThe type of trust can change the analysis
New Jersey divides marital assets under equitable distribution rules, but not every asset qualifies as marital property. A revocable trust often provides limited protection because the person who created it usually keeps control over the assets.
An irrevocable trust may offer stronger protection because the grantor gives up that control. A third-party trust, such as one created by a parent for a child, may also stay outside the marital estate in some cases.
What details make a trust more vulnerable in divorce?
Even a well-drafted trust may not protect assets if the wrong property goes into it or if the owner treats it like a personal account. Courts may look closely at several details, including:
When someone created the trust
Where the trust assets came from
How much control the grantor kept
Whether the spouses mixed marital funds with trust assets
New Jersey courts may treat passive growth differently from growth caused by marital effort or marital funds. Market-driven appreciation in separate trust property may stay protected. A spouse’s labor, management or use of marital money to increase value can change that analysis.
Why do records matter so much?
Trust protection often depends on more than the trust document alone. Account history, funding records and the way the trust operated over time may all influence how a court views the assets. In many divorce cases, the same financial records that matter in property division disputes also shape the trust analysis. A family law attorney can review the structure and funding history of the trust and assess how a New Jersey court may treat those assets.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Can you reopen property issues after divorce?]]>https://www.schepisi.com/?p=495852026-08-20T14:16:32Z2026-08-20T14:16:32ZWhen might a court revisit property issues?
New Jersey court rules allow you to seek relief from a final judgment for specific reasons. Newly discovered evidence may support a request. Fraud, false statements or misconduct by your former spouse could also give the court a basis to review the result.
For example, you might later find proof of an account that your former spouse should have disclosed during the divorce. That discovery could matter if leaving out the account affected how you divided the property. You generally have one year from the date of the judgment to ask a court to review a property settlement based on newly discovered evidence or a mistake.
Why do your divorce records matter?
If you ask the court to revisit a property issue, divorce records may help show what each spouse disclosed. Tax returns and account statements could identify assets that appeared during the case.
Your settlement agreement and final judgment show how you divided the property. Comparing them with earlier or later financial records might reveal an asset the settlement did not address.
Keep your records organized
Finding an undisclosed asset after divorce may raise issues that require further court review. Consider keeping your divorce papers and financial records together so you have the key documents available. An organized record could help you follow the disputed issues and prepare for the legal process with a better sense of what may come next.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[How job loss affects child support in New Jersey]]>https://www.schepisi.com/?p=495842026-07-27T10:03:06Z2026-07-27T10:03:06ZNew Jersey law also recognizes that parents may experience genuine financial hardship through no fault of their own. It is important for you to recognize your rights in such circumstances.
How to prevent legal trouble
If you stop paying child support without court approval in New Jersey, missed payments will keep piling up as debt and the state can take money straight from your unemployment checks or tax refund. To avoid such situations, you should understand your options if you are facing unemployment while paying child support in New Jersey:
The changed circumstances standard: Either parent can ask the court to modify a child support order if they experience any significant change in their financial status, such as an involuntary job loss. The parent applying for modification of the order will need to prove that the change in circumstance is substantial and continuing.
Prove the financial hardship: When requesting to modify your child support order, you must provide the evidence that you lost your job involuntarily, that you’re currently facing financial hardship and that you’re actively looking for new employment.
If the court grants your request, it will recalculate your payments using New Jersey Child Support Guidelines. The court looks at both parents’ income, health insurance costs and childcare costs to decide child support. The court can adjust the amount when the guideline calculation would not be fair in a particular situation.
Building a stable future
The unemployment period can be a time of stress, financial struggles and emotional strain. During this difficult period, it’s important to understand New Jersey child support laws to help you manage your obligations responsibly. Knowing your legal rights can create a calmer space where you can focus on finding a new job and starting again without the constant fear of child support becoming an additional burden.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Using a prenuptial agreement to protect separate property]]>https://www.schepisi.com/?p=495722026-06-22T23:39:06Z2026-06-22T23:39:06ZDivorce can endanger separate property
Spouses typically share their income and assets with one another, but they may have property that belongs to each spouse separately. They can potentially retain those assets if the marriage ends in divorce.
Resources that people accumulated before marriage or purchased with premarital income can be separate when spouses divorce. However, insufficient financial records and claims of commingling can endanger property.
When spouses draft prenuptial agreements, they generally need to make thorough financial disclosures to one another. Those disclosures should include inventories of pre-existing resources, as well as any outstanding debts. Spouses can negotiate agreements that allow them to keep those assets as separate property if they divorce.
They can even make arrangements in advance for maintaining separate property without exposing those resources to claims of commingling in the future. Houses, businesses and financial accounts can remain separate if spouses acknowledge those assets in a contract.
For those who already have valuable property prior to marriage, a prenuptial agreement can be an important investment. Negotiating balanced terms with a spouse can help people preserve their resources and avoid contentious divorces.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[4 tips for explaining your divorce to the kids]]>https://www.schepisi.com/?p=495702026-06-18T19:36:14Z2026-06-18T19:36:14ZDeciding to divorce while your children are still minors is likely something you have heavily debated. Now that the decision is made, you’ll need to give some thought to how best to tell them what is happening. While every family is unique, the following tips should help you break the news.
1. Spare them the details
Your children do not need to know why you are divorcing -- they just need to know that you are. It’s typically best to keep the reasons private from them, since adult subjects should remain between adults. Do not "bad-mouth" their other parent, regardless of the facts.
2. Start simply
Don’t try to tell the kids everything at once -- especially if you do not yet have the answers about where everybody will live and what life will be like after the divorce. The news that you are divorcing is so huge that they probably won’t hear anything you say immediately afterwards anyway.
3. Address their fears
What your children really need to know is how this decision will affect them. How will their lives change, and how will they stay the same? It’s important to tell them that you will both still love them and that they’ll still get to see a lot of both of you (in most cases, at least). If you intend for them to continue at the same school or keep living in the same house, let them know.At the same time, it’s important to reassure the children that they did not cause or contribute to you divorcing. Kids can have a vivid and random imagination and often decide that something they did somehow caused the breakdown of their parents' marriage.
4. Time it carefully
The news of your divorce is always going to upset them, so just find a moment when they have time to cry their eyes out, then recover somewhat before they need to do anything important. So, not the night before they head off to summer camp or as you drive them to school. If you have more than one child, try to tell them together.While it is important not to hold off too long before telling them, you might want legal guidance first, so you can better answer some of the questions you and they might have.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[5 debts that can complicate your divorce settlement in New Jersey]]>https://www.schepisi.com/?p=495432026-04-27T13:54:22Z2026-04-27T13:54:22ZWhen you start thinking about divorce, the house, savings accounts and retirement funds usually take center stage. Debt rarely gets the same attention, and that gap can be costly. New Jersey is an equitable distribution state, meaning courts divide marital assets and debts based on fairness rather than a straight 50/50 split.
Debt does not disappear when your marriage ends
A divorce decree can assign a debt to one spouse, but that order only applies between spouses and does not bind your creditors. If your name is on the account, the lender can still pursue you.New Jersey courts consider who incurred the debt, when it originated and whether it benefited the marriage. This distinction between marital debt and separate debt is central to equitable distribution. This gap between court orders and creditor rights is where your financial exposure lives.
The obligations most likely to follow you
Not every debt carries the same level of risk in a divorce in New Jersey. Some have a greater potential to affect your finances long after your case concludes. These five obligations tend to create the most complications for professionals working toward a clean financial outcome:
Joint credit card debt: New Jersey courts review who benefited most from the charges before assigning this debt. Even so, your creditor can still pursue you if your name remains on the account.
Mortgage debt: If you cannot qualify to refinance alone, a New Jersey court may order the property sold. Leaving the mortgage in both names after divorce creates long-term financial risk.
Home equity loans and HELOCs: These are easy to overlook in settlement talks. They connect directly to your marital home and fall under equitable distribution.
Student loans: New Jersey typically treats these as separate debt if incurred before marriage or for one spouse's sole benefit. However, courts may consider them when marital funds were used for payments.
Joint tax liability: Jointly filed returns create shared IRS liability. Federal innocent spouse relief exists but has strict eligibility requirements and does not affect how state courts divide tax obligations.
Addressing these precisely in your settlement can prevent significant financial problems after your divorce is final.
The right legal strategy protects what comes next
Debt provisions in a New Jersey divorce settlement need to be specific and legally sound. Vague language creates room for disputes and financial harm well after your case closes. Legal guidance may help you identify all marital liabilities and negotiate the right protections into your agreement.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Common myths about prenuptial agreements]]>https://www.schepisi.com/?p=495372026-03-05T18:23:52Z2026-03-05T18:23:52ZThere are many misunderstandings about prenuptial agreements. Pop culture often portrays them as tools to protect family wealth from golddiggers, or it’s a sign that the couple expects their marriage to fail.
The truth is, prenuptial agreements are excellenttools that can help couples clarify their financial expectations before marriage. Understanding what a prenup actually does (and doesn’t do) can help dispel some misconceptions.
Myth 1: Prenups are only for wealthy people
This is one of the most common myths regarding prenuptial agreements. Many people assume they are only necessary for individuals with substantial wealth or high-profile careers. In reality, prenups can benefit couples at any income level. A prenup can help protect a variety of financial interests, including:
A home owned before the marriage
Retirement savings
A family business
Investments or an inheritance
Protection from a partner’s existing debt
With a prenup, couples can clarify how finances will be handled during the marriage or in the event of a divorce.
Myth 2: Asking for a prenup means you don’t trust your partner
Many people avoid bringing up the topic of prenups because they believe it suggests a lack of trust. Quite the opposite is true. Creating a prenup requires both partners to disclose their financial situations and discuss expectations openly. This level of honesty and transparency can strengthen the relationship by reducing uncertainty.
Myth 3: A prenup can cover everything
Prenuptial agreements can address many financial issues, but they still have limits on what they can control.For example, a prenup generally can’t be used to determine child custody or child support in advance. Courts decide those issues based on the child’s best interests at the time of separation or divorce. Prenups are primarily designed to address matters such as property division, debt allocation and potentially spousal support.A prenuptial agreement is simply a contract between two people planning to marry. A legal representative can help you prepare one that will enable you and your future spouse to enter marriage with transparency, mutual understanding and peace of mind.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[3 FAQ about paternity establishment in New Jersey]]>https://www.schepisi.com/?p=495342026-02-26T15:50:52Z2026-02-26T15:32:28ZHow can I establish paternity?
In New Jersey, fathers can establish their paternity for free if they do it before they leave the hospital. To begin the process, you and your girlfriend must fill in a certificate of parentage together and submit it to a birth certificate coordinator.
The coordinator will then ask for each of your valid IDs and witness both of you signing your document. This act officially adds your legal name into your infant’s birth certificate.
What happens after paternity establishment?
After paternity establishment, you gain your rights as the father to your infant and share the same parental responsibilities with the mother or your girlfriend. This also means that your child can have two legal parents who can help ensure that they get to grow up in a financially secure and stable environment.
With the establishment of your parental rights, you also provide your child with access to your medical history, health insurance and social security benefits.
What if I am not sure that I am the father?
If you are uncertain that you are the infant’s biological father, you must refrain from signing a certificate of parentage until you take a DNA test. There are many labs within the state that offer DNA testing for paternity establishment.
If the test result shows a match of 95% or higher, the court can issue an order of paternity in your case. After this process, you can add your legal name to your infant’s birth certificate.
However, it is important to note that if you and your girlfriend do not agree to live in the same household, the court may order you to pay child support for your infant until they turn 18 years old or beyond (in some circumstances).
The gift of parenthood
When you establish paternity, you can be the kind of father that you have always dreamed of becoming for your child. Entering parenthood is not only a priceless experience but also a selfless act of commitment to another tiny human being that you get to call your own.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Preserving retirement funds when dividing property during divorce]]>https://www.schepisi.com/?p=495332026-02-19T20:40:57Z2026-02-19T20:40:57ZDividing accounts isn't mandatory
Generally speaking, any savings accrued during the marriage are likely subject to division. However, there is no property division rule specifically requiring that spouses split every single asset they share.
A spouse who has diligently funded a 401(k) throughout the marriage can ask to retain their retirement savings when they divorce. They may simply need to make concessions in other aspects of property division that account for the value of their retirement savings.
Paperwork can prevent other losses
When individuals use tax-deferred retirement accounts to save for their golden years, they are vulnerable to income tax obligations and a 10% penalty if they withdraw funds before retirement age.
In cases where spouses must split a 401(k) or similar account, they may need to have a lawyer draft a qualified domestic relations order (QDRO). The proper execution of a QDRO can protect retirement savings from penalties and sidestep income tax consequences.
The specifics of a marital estate, the age of the spouses and other factors influence the best strategies for preserving retirement resources during a divorce. Working with an attorney to identify personal goals can help people set themselves up for the best life possible after ending a marriage.]]>On Behalf of Schepisi & McLaughlin, P.A.<![CDATA[Are 401(k) penalties unavoidable when professionals divorce?]]>https://www.schepisi.com/?p=495292026-01-16T11:49:43Z2026-01-16T11:49:43ZAccount division may not be necessary
Even though spouses like you have to consider the marital contributions to a 401(k) during their property division negotiations, actually dividing the accounts may not be necessary. It may be possible to use one spouse’s savings to balance out the other’s. Even if they are not quite even, other assets or debts could help cover the gap.
Paperwork can prevent penalties
In scenarios where spouses agree that dividing the 401(k) is necessary or a judge makes that decision as part of a property division order, spouses can divide their 401(k)s without penalties or tax penalties. They simply need to have a lawyer draft a qualified domestic relations order (QDRO) that conforms to the terms established in the property division order.
After approval from both spouses and the courts, followed by the appropriate submission of the paperwork to the party managing the account, the spouses can split the contents of a 401(k) without losing 10% in penalties or reporting the withdrawn amount as income.
Understanding the various rules that influence the property division process can help spouses roughly estimate the likely outcome of their divorces. The right procedure can make it easier for people to protect key resources during divorce as they prepare accordingly.]]>