Articles Posted in Equitable Distribution

On December 12, 2016 the Supreme Court of New Jersey decided the case of Thieme-v-Aucoin-Thieme, regarding equitable distribution and/or the use of a constructive trust in a post-judgmentDSC04154-B-300x225 dispute over deferred compensation paid to one spouse after the parties’ divorce. Continue reading ›

This is another of a series of blog posts in which I will be highlighting some of the more commonly asked questions of divorcing clients as to whether they can or can’t do certain things in regards to aspects of their financial or personal affairs. Once again, the thoughts expressed in this blog post should not be construed as being in the nature of legal advice, but merely serves as an overview of things to consider if you are a client asking these questions or a lawyer confronted with how to respond to them. Now let’s get to my next two commonly asked questions. Continue reading ›

SlashI was recently perusing a periodical and came across a story about a celebrity musician who was claiming he was never married to his wife of 15 years because of a known snafu in her earlier divorce paperwork. The headline stated “Slash claims he was never married to wife of 15 years”. (http://www.metro.us/entertainment/slash-claims-he-was-never-married-to-wife-of-15-years/zsJpjE—wsgif5AIi7dW6/). For those of you who don’t know, Slash, who’s legal name Saul Hudson (which better calls to mind the fictional character Saul Goodman of “Breaking Bad” and “Better Call Saul”),  is the prolific lead guitarist of the recently reformed rock group Guns N’ Roses.  Continue reading ›

The news agency CNN Money recently published an article entitled “Panama Papers: How the rich try to hide assets from their exes.”  (http://money.cnn.com/2016/04/07/news/panama-papers-divorce/) T9-08-1he “Panama Papers” refer to hacked files from an international law firm based in Panama called Mossack Fonseca.  Those hacked files were analyzed by the press and later published in a report by the International Consortium of Investigative Journalists. The report’s findings have already lead to the resignation of the Prime Minister of Iceland, Sigmundur Gunnlaugsson, after it was revealed that he owned an offshore company with his wife but he had not declared it when he entered Parliament.   Continue reading ›

V. Stiviano, the former mistress of former Los Angeles Clippers owner, Donald Sterling, is being sued by his wife of over 50 years, Rochelle Sterling.  In her suit, Mrs. Sterling is seeking the return of gifts that Mr. Sterling purportedly gave to Ms. Stiviano.  Among the gifts Stiviano apparently received are a $1.8 million home, a Ferrari, two Bentleys and a Range Rover.  Mrs. Sterling claims that these gifts were purchased with the parties’ joint monies without her consent. Continue reading ›

For the casual fan like myself, there are periods during the year where the sports landscape is rather barren. The time we are now in between the Super Bowl and March Madness is one such period. Similarly, there are periods where the family law landscape can seem rather barren as well, during which the courts’ issuing of decisions and/or the Legislature’s passing of laws seems to reduce to a trickle.   Continue reading ›

Recently a divorce case made the news with screaming headlines such as “Ex-wife of US Oil Baron to appeal $1 Billion Divorce Award”. Yes, that was billion with a “B” . Intrigued, I was drawn to read how someone could not only receive such an award, but more importantly, on what basis someone would even want to challenge it, representing an amount far beyond most peoples’ wildest dreams. Continue reading ›

Many in today’s society would view the court’s treatment of dogs and other pets as merely property to be equitably distributed in the breakup of relationship as antiquated, given the increasing role that pets are play in today’s society. A common scenario playing out in relationships across the Garden State today is that many couples begin to cohabit and soon after get a dog or another pet to raise together.  Those of us on social media regularly see pictures posted of couples and their dogs in which they are categorized as their “baby” or loved one.  Couples spend significant time in researching which pet to purchase or rescue from the shelter.   They spend significant time and money on training and caring for an animal that many consider to be a member of the family. Continue reading ›

1409593_gavel_3On September 2, 2014, the New Jersey Appellate Division published an opinion in the case of Krupinski v. Krupinski, reversing the trial court’s decision denying Mr. Krupinski’s motion to terminate alimony, and directing the trial court on remand to provide for an exchange of discovery and the possibility of an evidentiary hearing. The basis for Mr. Krupinski’s application was that his former spouse, from whom he was divorced in 1990, was receiving a large portion of this teacher’s pension through a Qualified Domestic Relations Order (QDRO). Continue reading ›

When it comes to questions regarding equitable distribution, the one that seemingly gets overlooked or underappreciated the most often is the question revolving around how to divide or distribute the marital liabilities or debts of the marriage.  It is so much easier to comprehend and make distributions of the assets of a particular marriage, but clients often do not necessarily understand or conceptualize that the marital liabilities and debts need to be “distributed” too.   Continue reading ›