Are there any types of circumstances when premarital assets are not excluded from equitable distribution?

The black letter rule is that premarital assets are not subject to equitable distribution. N.J.S.A. 2A:34-23(h) provides in pertinent part: However, all such property, real, personal or otherwise, legally or beneficially acquired during the marriage or civil union by either party by way of gift, devise, or intestate succession shall not be subject to equitable distribution, except that interspousal gifts or fights between partners in a civil union couple shall be subject to equitable distribution. Thus, generally whenever a person owns an asset before getting married, then this asset is generally excluded from equitable distribution.

However, there are exceptions to every general rule. Lawyers would not make any money in divorce court if there were no legal exceptions to litigate over. The major exception occurs when assets are purchased in contemplation of marriage.

If a person uses funds to purchase a home in her or her name, and if the home is then used as the marital home, then ... more.

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