Frequently Asked Questions

It depends. If you and your spouse have divided your property pursuant to a Separation and Property Settlement Agreement you may not file a claim for Equitable Distribution because you have entered into a contract that is non-modifiable without the consent of the other party. However, if you and you spouse have merely divided your property and have not entered into a Separation and Property Settlement Agreement, you are still entitled to file a claim for Equitable Distribution as long as it is filed prior to an absolute divorce being granted.