Articles
Articles in the ‘Equitable Distribution’ Category
Equitable Defenses in Divorce Cases
It is not uncommon in divorce cases to raise various equitable defenses such as laches, estoppel and waiver. This case provides a good summary of the principles and application in a matrimonial context. Baldinger v. Baldinger, New Jersey App. Div., July 7, 2011
Lottery Winnings and Equitable Distribution
Holly Lahti burst into the spotlight in a feel-good story about a single mother of two children who won a $190 million Mega Millions jackpot. It turned out she was separated from a man who court records indicated had abused her, and now has a possible claim to some of the money through a quirk in Idaho law despite the fact they had been physically separated for many years. Lahti opted to collect her jackpot in a lump-sum payment and will get $120 million, which will be reduced to $80.6 million by federal and state taxes. The law in New Jersey when it comes to lottery winnings is found in the case DeVane v. DeVane, 280 N.J. Super. 488 (App. Div. 1995) which, simply stated, stands for the proposition that it is an asset subject to equitable distribution.
Compelling the Sale of the Former Marital Home
This case illustrates the trial court’s continuing power to compel compliance with the terms contained in a property settlement agreement (PSA) post judgment where one party exhibits a clear agenda to frustrate the terms of the PSA.
Delay Distributing an Asset
The parties were divorced on April 28, 2003. The JOD directed distribution of certain assets; the conveyance of the marital home and transfers of a pension plan and a 401K plan. Due to years of delay the underlying asset values dropped. Read the rest of this entry »
Equitable Distribution
In Carr v. Carr, the New Jersey Supreme Court permitted the wife to pursue her New Jersey divorce equitable distribution claims against the estate of the deceased husband.
