Equitable Distribution

Competent Spouse Cannot Proceed in a Divorce Proceeding Through a Power of Attorney

Mar 24, 2016

The family law, divorce case of Marsico v. Marsico, DOS no 20-4-4566, (July 15, 2014) presents the novel question of whether a litigant may appear and testify in divorce proceedings through a designated power of attorney (POA). Plaintiff and defendant are octogenarians, aged 80 and 84, respectively. They wed in 1978. The parties have no […]

Equitable Remedies: Ex-Spouse Granted Power Of Attorney To List And Sell Family Home When Party In Possession Refuses To Remove Ex-Spouse From Mortgage

Feb 16, 2016

In the family law, Equitable Remedies, equitable distribution case of L.H. v. D.H., 20-4-8482, Chancery Div. Family Part, the court found that when a party in possession of the former marital home failed to refinance the mortgage so as to remove the ex-spouse’s name from the mortgage note, as agreed to in their settlement agreement, […]

A Completed, Executed Marital Property Settlement Agreement Found On The Internet Ruled To Be A Valid And Enforceable Agreement

Jan 22, 2016

In the equitable distribution, family law case of Zandrowicz v. Zandrowicz, PICS Case No. 15-2015 (C. P. Monroe, June 24, 2015), the Honorable Jennifer Harlacher Sibum ruled that the terms of Marital Property Settlement Agreement completed with an online form valid and enforceable. Plaintiff Robert Zandrowicz and defendant Agnieszka Zandrowicz were married on Nov. 20, […]

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 […]

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 […]

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 […]

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 […]

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 […]

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/) […]

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 […]