Equitable Distribution

Ensuring Gifts To Your Children Are Not Subject To Equitable Distribution In Divorce

Jan 03, 2016

A recent case from the Pennsylvania Superior Court has highlighted the need to make sure that estate planning gifts you make to your children are not later subject to equitable distribution during a child’s divorce.  Currently, one out of two marriages will end up in a divorce.  Thus, there are several precautions that you should […]

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Agreement To Arbitrate Post-Judgment Matrimonial Personal Property Disputes Enforced

Dec 29, 2015

In the family law, equitable distribution case of Natoli v. Natoli, 20-2-8440, N.J. App. Div., the parties’ appeal and cross-appeal of a post-judgment matrimonial order involved the scope of their arbitration agreement. Two sections of the Property Settlement Agreement (PSA), were relevant. In the first relevant section, the parties agreed to submit to binding arbitration […]

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Spouse Is Awarded Only Limited Equitable Distribution From Spouse’s Deferred Compensation Plan

Dec 09, 2015

In the post-judgment matrimonial case of Thieme v. Aucoin, No. 20-2-8122 App. Div., the defendant appealed from a Family Part order awarding her only limited equitable distribution from plaintiff’s deferred compensation and denying attorney’s fees. The parties lived together for eight years and were married for 14 months before plaintiff filed for divorce. Approximately three […]

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Wife’s Petition For Enforcement Of A Judgment Of Divorce Barred By Doctrine Of Laches

Dec 03, 2015

In the family law, divorce case of Tomaini v. Tomaini, App. Div., 20-2-8344, the plaintiff sought enforcement of the provisions of a judgment of divorce requiring sale of the marital home and equal division of the proceeds plus a payment of $30,000 from the ex-husband to plaintiff and that plaintiff be designated beneficiary of his […]

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Husband’s Transfer of Marital Assets to His Brother as “Divorce Planning” Could Impose a Constructive Trust on the Concealed Assets Years After the Divorce Planning

Nov 19, 2015

In the equitable distribution, family law appellate case of Kozel V. Kozel, PICS Case No. 14-1221, (Pa. Super: July 29, 2014), the husband appealed from a court order denying his motion for summary judgment, which allowed former wife to proceed with her petition for special relief seeking imposition of a constructive trust on assets allegedly […]

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Equitable Distribution as the Gateway to No Alimony

Oct 13, 2015

The case of Jones vs. Jones (http://courts.ms.gov/Images/Opinions?CO84022.pdf), decided April 30, 2012, is a reminder that, if the equitable division of the marital estate has made adequate provision for the spouses, there should be no award of alimony- not even nominal alimony. In Jones, the chancellor carefully considered and analyzed all of the Ferguson factors (http://chancery12.wordpress.com/2010/08/05/trial-by-checklist-equitable-distribution/) […]

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Trust Established By Wife Is Ruled Marital Property For Equitable Distribution

Sep 03, 2015

In the family law, equitable distribution case of Deaver v. Lemon, PICS Case No. 15-0896 (Pa. Super. May 22, 2015) the Honorable Jacqueline O. Shogun, writing on behalf of the Pennsylvania Superior court, ruled that the trial court erred in finding that wife had established an oral trust and that this trust was not marital […]

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The Present Value Of Vested Defined Benefit Pension Marital Assets Is To Be Used For Equitable Distribution Purposes

Jul 21, 2015

In the equitable distribution, family law, divorce case of Lucas v. Daum, PICS Case No. 15-1019 (Pa. Super, June 15, 2015) the Honorable Mary Jane Bowes, writing on behalf of the Pennsylvania Superior Court, ruled that because both husband’s and wife’s pensions had vested, it was error for the master to value the parties’ contributions […]

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Court Confirms Award Of Arbitration Setting The Value And Equitable Distribution Of Marital Business Asset

Jul 01, 2015

In the family law, equitable distribution, matrimonial case of Hetherington v. Molinaro, App. Div. 20-2-6897, the defendant appealed from the trial court’s confirmation of two arbitration awards, one setting the termination date of the marriage and the other setting the value and equitable distribution of a business formed and operated by plaintiff during the marriage. […]

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Trial Court’s Determination of Equitable Distribution Could Only be Reversed Upon Showing of an Abuse of Discretion

Apr 16, 2015

In the family law, equitable distribution, divorce case of Hocker v. Hocker, PICS Case No. 15-0365 (Pa. Super. March 4, 2015) the Honorable Jacqueline O. Shogan, writing on behalf of the Pennsylvania Superior Court held that the court ruled that the trial court did not err in failing to account for marital debts being paid […]

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