In a Decision – C.S. v. J.L.-S., (an "Unreported Decision") >> the Court Held:
The Appellate Division remanded the Trial Court determination of assumption of tax consequences.
The parties' investment accounts had untaxed dividends and capital gains. Defendant sought to have plaintiff pay 50 percent of the assessed tax liability. The trial court denied defendant's motion, concluding that he "should have known that taxes would be assessed against him.
The Appellate Division reversed and remanded for a plenary hearing on the parties' intent for tax treatment of their investment accounts, as the parties disputed whether the terms of the MSA required allocation of the tax liabilities at issue.