NJSBA Family Law Section

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  • 1.  Equitable Distribution

    Posted 08-09-2019 12:38 PM

    I realize Friel (although unpublished) provides that exceptional circumstances may allow for an award of open durational alimony despite a short term marriage...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



  • 2.  RE: Equitable Distribution

    Posted 08-09-2019 01:22 PM
    Check Kozlowski vs Kozlowski  for contract theory of ED
    Very truly yours,


    John D. Murray
    Murray & Murray
    Attorneys at Law
    111 Canfield Avenue
    Bldg B-15
    Randolph, New Jersey  07869