Articles Posted in Equitable Distribution

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 ›

In any and all cases where a pension is to be equitably distributed between the parties, there are two questions that a family law practitioner must always consider: (1) How is the pension going to be valued and istributed;  and (2) Are survivor benefits going to be elected for the non-pensioner spouse?  The recently published decision in Evans-Donahue v. Donahue, which was drafted by the Honorable Steven J. Polansky, J.S.C., provides much needed insight into the answering of each of those questions when it comes to the equitable distribution of pensions. Continue reading ›

Last week, we addressed the concept of how a gift or transfer of property to one or both spouses may be treated in a divorce.  Butgive what occurs if one of the spouses transfers marital money or marital property to a person or entity outside of the marriage?    Continue reading ›