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Well, there are a lot of ways to protect a premarital asset. One, obviously, is through a pre-nup. But more importantly, not all assets or premarital assets become marital assets or post-marital assets. There’s really four distinctions for assets. There’s premarital, post-marital, active and passive. And each one of those four have different criteria for whether or not they’re divided in equitable distribution. So I think the most important is to learn those four aspects and how they relate to the property that you have so that you’ll know whether or not it becomes a marital asset at all before dividing in a divorce or even deciding how to plan before getting married.
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New Jersey family law attorney, Brad Micklin, discusses how pre-marital assets can be protected through pre-nuptial agreements.