NJSBA Family Law Section

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  • 1.  Equitable Distribution

    Posted 08-12-2019 03:16 PM
    Hello all....

    I realize Friel (although unpublished) provides that exceptional circumstances may allow for an award of open durational alimony despite a short term marriage...

    Is anyone aware of case law that provides for a similar argument to be made for equitable distribution?

    Parties were together 20+ years, residing together, had children prior to marriage, both parties contributing to the relationship either as an at home parent or in the workforce, and the parties even co-owned a property prior to marriage. But, the parties but did not get married until they were ten years into the relationship. 

    The husband purchased several properties, and also accumulated retirement benefits, during the ten years the parties were together but had not yet married . 

    Equity dictates the wife should have a claim for distribution of the premarital but does any case law support the claim?

    Thank you in advance for any assistance.

    Sent from my iPhone


  • 2.  RE: Equitable Distribution

    Posted 08-12-2019 03:26 PM

    Hi Susan,

    Take a look at the triumvirate of Kozlowski v. Kozlowski, 80 N.J. 378 (1979); Crowe v. DeGioia, 90 N.J. 126 (1982); and In re Roccamonte, 174 N.J. 381 (2002).

    Tom King

     

     






  • 3.  RE: Equitable Distribution

    Posted 08-12-2019 05:13 PM

    This might help:  See McGee 277 N.J. Super. 1 (1994) and cases citing it:

    https://scholar.google.com/scholar?hl=en&as_sdt=4,31&q=%22277+N.J.+Super.+1%22+cohabitation&scisbd=2

    https://scholar.google.com/scholar_case?about=7927170964743843359&q=mcgee+cohabitation&hl=en&as_sdt=4,31



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  • 4.  RE: Equitable Distribution

    Posted 08-14-2019 12:35 PM

    Hi  Susan, Look at Thieme v. Aucoin-Thieme, 227 N.J. 269 (2016) which address equitable relief regarding distribution of pre-marital assets.  Case is predicated on theories of unjust enrichment and quantum meruit. Bottom line is that while the court determined that  distribution of  assets acquired prior to the marriage is barred by our equitable distribution statute, the principles of equity may dictate a distribution of pre-marital assets.  Hope this is helpful.

     

     

    Christine Dolan
    Senior Litigation Attorney
    Cordell & Cordell - Mt. Laurel
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  • 5.  RE: Equitable Distribution

    Posted 08-14-2019 04:11 PM
    Thank you to all who responded to my post. The information provided was very helpful.

    Sent from my iPhone