Asset division question NJ

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Asset division question NJ

Unread postby FiatRubicon » Sat Apr 15, 2017 1:42 am

This is my first post. Please forgive me if this has been discussed. Ending a short term marriage, just over a year. I have a few questions.
If I paid for the entire ceremony/reception will that be considered equitable distribution? Just the ceremony and reception, not the gifts. I know the shower and engagement party are.

Now the tough one. She claimed alimony money that she received from a prior marriage jointly (with me) on her tax return. I wound up paying taxes instead of getting thousands back. Now is the money that she claimed 1/2 mine or are the taxes paid and tax return that i didnt get, mine? Or both?
Thank you. And good luck to everyone going through this
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Re: Asset division question NJ

Unread postby JimRockford » Sat Apr 15, 2017 2:04 am

If there's no children, just split everything that both of you acquired together and walk away. What you paid for the ceremony, and taxes are gone. Even though you paid the taxes, you benefited from the other dude's money to a greater extent than the taxes that were paid. If you are about to say that you never saw a dime of that money, then I would say that you should have never paid taxes on it.

I am guessing that she must have negotiated a nice settlement from her previous spouse to where she still collects alimony even after she got remarried or she just didn't tell him and he never bothered to check. Don't be a sucker and let her get alimony from you too.
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Re: Asset division question NJ

Unread postby FiatRubicon » Sat Apr 15, 2017 2:15 am

She never paid for anything for the house, expenses, repairs, nothing. I dont think the taxes are gone. She was living with me for 3 years before, paying nothing, and never telling the court about cohabitating. So heres the deal with the taxes. She went to school and told her lawyer that she paid for schooling with alimony from a previous marriage. So if she claimed the money on joint taxes and admits that she paid for school with those funds, not only is the 26k 1/2 mine but schooling cost is 1/2 mine. She makes a considerable amount more than me..
Thanks for the response..
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Re: Asset division question NJ

Unread postby FiatRubicon » Sat Apr 15, 2017 2:24 am

Like you said earlier, "split everything 50/50". I actually did that, without the tax issue, the schooling, gave her half the house, all the repairs, and all gifts and she still owes me 80,000
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Re: Asset division question NJ

Unread postby astrolink » Sat Apr 15, 2017 3:03 am

You gave her 1/2 the value of a home and you were married for a year? Please explain in detail; when the home was purchased, who's name(s) are on the deed, etc.
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Re: Asset division question NJ

Unread postby FiatRubicon » Sat Apr 15, 2017 3:21 am

We were married for a year and 3 months. The house was appraised at a certain value. I gave her half the value of the equity. Including 1/2 the equity (which I paid for everything, and still do), and half of all assets, she still owes me 80k. Both of our names are on the deed. She makes over 100k a year. All repairs, utilities, etc were paid by me, out of my own checking account.
She was getting 40k a year from the ex. Over 150k went into her 401k from him, Living under my roof. She claimed 3/4 of the last years alimony on our joint taxes. Then she claims she paid for schooling with money she made from the alimony and claimed them on my taxes..
She was with the ex for under 6 years with no kids.
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Re: Asset division question NJ

Unread postby FiatRubicon » Sat Apr 15, 2017 3:22 am

^^ edit from above. I didnt give her anything yet. I meant to say thats in the negotiations with the lawyers.
Sorry..
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Re: Asset division question NJ

Unread postby jumanji » Sat Apr 15, 2017 6:18 am

NJ is an "equitable distribution" state - you should read up on that & discuss with your lawyer.

Alimony is taxable to the recipient, so the amount received each year should have been declared however she filed taxes (seems the two of you filed jointly). Not sure why she/you declared only 3/4 of it.
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Re: Asset division question NJ

Unread postby BartSimpson » Sat Apr 15, 2017 8:10 am

What she did with you, she will do to you.
Volenti non fit injuria
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Re: Asset division question NJ

Unread postby JimRockford » Sat Apr 15, 2017 11:49 am

Wow! It seems like she rooked the first dude for alimony, now she is going to rook you for half the equity in your house after a one year marriage. Looks like this girl is making a living out of divorce, please don't tell me that you are negotiating with her lawyer yourself.

Do you know if in her previous divorce agreement whether or not alimony was supposed to stop upon remarriage? Hint: if you knew that it was, and you filed joint taxes with her declaring the alimony, you are in cahoots with fraud that she is perpetrating.

A good attorney should be able to wrap this up in a few hours. Don't play the fool and think you can save a few grand on attorney fees and get clocked in the long run, which from what you say is looking like she is lining up to do.
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