Protecting marital assets during divorce proceedings is a concern for both spouses in most cases — not just the party with more assets. When significant wealth, business interests, or real property is involved, choices made early in a case about how to document, protect, and value assets can have lasting consequences. Understanding what legal tools are available and how courts handle these questions is critical for anyone entering complex divorce litigation.
Mandelbaum Barrett PC family law co-chairs Lynne Strober and David Carton authored the article “Preserving Marital Assets and Judicial Economy During Divorce” for the New Jersey Law Journal. The article offers insight into the legal tools and strategies available to protect marital assets during litigation and the procedural considerations that affect how courts approach these matters. Strober and Carton co-lead the firm’s family law practice, where they advise clients on divorce, asset division, and complex matrimonial matters throughout New Jersey.
The Challenge of Asset Preservation During Divorce
Marital assets can face several risks during divorce proceedings. Dissipation — where one spouse transfers, spends, or otherwise reduces the value of marital assets — is a recognized concern in contested cases. Business interests may fluctuate in value while litigation is pending. Investment portfolios can be affected by market conditions during a prolonged case. Real property may change in value or condition. Each of these dynamics creates challenges for attorneys and clients working to ensure that the marital estate is fairly valued and divided at the conclusion of proceedings.
Courts have tools available to address some of these risks, including temporary restraining orders that prevent either party from dissipating or transferring marital assets while proceedings are pending. These protections are not automatic and generally require a court application. Identifying risks early and acting promptly is essential to preserving the marital estate.
Judicial Economy in Complex Divorce Litigation
The concept of judicial economy — resolving disputes as efficiently as the facts allow while still reaching a fair result — is a relevant consideration in complex matrimonial cases. When proceedings expand through extensive discovery disputes, contested valuations, and procedural battles, costs increase for both parties and the case extends in ways that may not benefit either spouse. Attorneys who help clients and courts focus on the most important issues contribute to better outcomes for their clients and more effective use of court resources.
According to the New Jersey Courts, family courts handle a substantial volume of matrimonial and divorce matters. The court’s case management processes are designed to move cases toward resolution efficiently, and attorneys who work within those processes constructively — rather than using procedural tools to delay — serve their clients’ interests while supporting the court’s mission.
About Lynne Strober and David Carton
Lynne Strober and David Carton co-chair the family law practice at Mandelbaum Barrett PC. Both attorneys have extensive experience handling complex matrimonial matters, including cases involving substantial assets, business valuations, and multi-property estates. Their contribution to the New Jersey Law Journal reflects their standing in the New Jersey family law bar and their ongoing commitment to advancing the profession’s understanding of asset preservation and litigation strategy in high-stakes divorce cases.
Contact Mandelbaum Barrett PC for Family Law Guidance
If you are facing divorce proceedings and have questions about protecting your assets, understanding your rights, or navigating complex matrimonial litigation in New Jersey, the family law team at Mandelbaum Barrett PC is here to help.
Reach out through our contact page to speak with our team. We are here to guide you through one of the most significant legal processes you may face.