Sunday, December 25, 2016
In a Decision – Thieme v. Thieme- (a "Reported Decision" – New Jersey Supreme Court) >> the Court Held:
The New Jersey law authorizes the equitable distribution of Husband’s Closing Bonus only to the extent that the compensation was earned during the parties’ marriage. However, in this particular case, under the extraordinary circumstances presented, the New Jersey Supreme Court authorized the imposition of a constructive trust as a remedy for the Wife’s claim of unjust enrichment and that the Wife is entitled to a percentage of the portion of the Closing Bonus earned during the parties’ cohabitation
The couple’s relationship was volatile from its inception The parties filed for divorce after a 14 month marriage. The parties married in 2010 and began to cohabitate in 2003. In April 2012, the parties executed their Divorce Agreement.
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Saturday, December 24, 2016
In a Decision – Bikoff v. Bikoff - (an "Unreported Decision") >>
the Court Held:
The Court accepted the parties determination to utilize a 1994 ‘cut-off’ date for a 2009 Divorce.
In January 1994, plaintiff filed her first complaint for divorce. In April 1995, the parties entered into a consent order that required defendant to pay plaintiff $8000 per month in pendente lite support. However, in November 1995, the parties voluntarily dismissed the divorce action.
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Saturday, December 17, 2016
In a Decision – Puerta v. Puerta- (an "Unreported Decision") >>
the Court Held:
The Court GRANTED an AFTER the Divorce award of Equitable distribution when a default occurred and the titled spouse essentially did not offer the marital residence for Equitable distribution relying simply upon the ownership of the House remaining in such titled spouse’s name.
Under the Court Rules, a plaintiff seeking equitable distribution generally first must file and serve a Notice of Final Judgment under Rule 5:5-10. However, a plaintiff whose name is already on the house could eliminate any equitable distribution interest his or her spouse has in the home by simply avoiding a claim for such relief at the time of divorce. Here, defendant, who defaulted in the divorce proceeding, would end up with the entire equity in the marital property without ever even asking for same.
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Friday, December 16, 2016
In a Decision – M.C. v. P.C.
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Thursday, December 15, 2016
Tuesday, December 13, 2016
Saturday, December 10, 2016
Thursday, November 10, 2016
In a Decision – Maurer v. Maurer (an "Unreported Decision") >>
The Question Presented:
Subsequent to the divorce hearing, his counsel realized the need for an adjustment for taxes regarding the value of the parties' retirement accounts..
The Appellate Division found that rejected plaintiff’s argument that enforcement of the MSA would cause an unjust and inequitable result.
The Appellate Division further determined that the alleged oversight regarding these tax consequences did not render the MSA unfair or unenforceable.
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Thursday, November 3, 2016
In a Decision – Maurer v Maurer - (an "Unreported Decision") >>
the Court Held:
The Court declined to Vacate a Divorce Judgment and Marital Settlement Agreement where, after the fact, a litigant expressed a tax consequence to a distribution of retirement funds which was not equalized. The failure to calculate the after-tax value of the pensions was of no consequence. The parties negotiated an integrated agreement, and we will not now disturb it because plaintiff asserts a change in terms would be more fair.
The parties were married in 1989. The parties attempted to negotiate a settlement agreement from May through November 2014.
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Wednesday, October 5, 2016
In a Decision – LBvHB - (an "Unreported Decision") >>
the Court Held:
The Appellate Division ordered a Hearing. At the time of the Divorce the Marital Agreement was prepared by the other spouse’s lawyer, the party was not represented by a lawyer, the party was suffering from maladies and substance dependence. The party waived alimony provided for $1.00 in child support without reference to Child Support Guidelines, provided for limited equitable distribution and gave up physical custody. The party did not know of the other spouse’s significant income.
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Thursday, September 22, 2016
In a Decision – LBvHB - (an "Unreported Decision") >>
the Court Held:
The Appellate Division ordered a Hearing. At the time of the Divorce the Marital Agreement was prepared by the other spouse’s lawyer, the party was not represented by a lawyer, the party was suffering from maladies and substance dependence. The party waived alimony provided for $1.00 in child support without reference to Child Support Guidelines, provided for limited equitable distribution and gave up physical custody. The party did not know of the other spouse’s significant income.
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