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Typically, assets acquired during a marriage are subject to equitable distribution in divorce. This means that a court should distribute them fairly (not necessarily equally). For instance, if one spouse has sacrificed a great deal for a marriage and the other has taken, a court may consider that when deciding how to distribute the assets accumulated during the marriage. That said, some assets (such as inheritances) are not typically subject to distribution.
Assets brought into the marriage are typically considered separate property and are not typically subject to distribution in divorce. This means that the spouse who brought the property into the marriage typically may keep that property in after the divorce.
In some instances, a spouse who is unable to provide for himself or herself may be eligible for spousal support as well. This can be very relevant when one spouse is disabled. Either the male or female spouse can potentially receive spousal support. Courts consider a number of factors and there's no formula for determining how much support will be provided. Below, I have included a link to the factors that NJ courts consider.
That said, there's no way to force a spouse to accept a settlement agreement. Each spouse may typically decide what he/she is willing to settle for and, if the spouses cannot come to an agreement, they may then need to let the court decide on the distribution of assets.
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