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Cases of Interest: New Jersey
© National Legal Research Group, Inc.
Attorney's Fees (full category)
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NEW JERSEY: Frankel v. Frankel, 274 N.J. Super. 585, 644 A.2d 1132 (App. Div. 1994).
In a family action, an attorney who has been discharged by an impecunious spouse may recover counsel fees from the other spouse even if the spouses have agreed to pay only their own attorney's fees.
Read More About This CaseNEW JERSEY: Johnson v. Johnson, 320 N.J. Super. 371, 727 A.2d 473 (App. Div. 1999).
A provision in the parties' divorce judgment that required payment of attorney's fees from the husband's pension fund constituted an assignment of benefits expressly prohibited by federal law.
Read More About This CaseNEW JERSEY: Vander Weert v. Vander Weert, 304 N.J. Super. 339, 700 A.2d 894 (App. Div. 1997).
Where the husband in a divorce case executed a mortgage on property held in a tenancy by the entirety to secure the payment of legal fees to a law firm, the firm's lien extended only to that portion of the property, if any, awarded to the husband by way of equitable distribution.
Read More About This CaseBankruptcy (full category)
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NEW JERSEY: Frankel v. Frankel, 274 N.J. Super. 585, 644 A.2d 1132 (App. Div. 1994).
Where spouses have resolved all issues by agreement, but a bankruptcy stay prevents entry of a final judgment, the trial court may bifurcate the trial and enter a partial judgment of divorce.
Read More About This CaseBifurcation (full category)
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NEW JERSEY: Frankel v. Frankel, 274 N.J. Super. 585, 644 A.2d 1132 (App. Div. 1994).
Where spouses have resolved all issues by agreement, but a bankruptcy stay prevents entry of a final judgment, the trial court may bifurcate the trial and enter a partial judgment of divorce.
Read More About This CaseChild Support (full category)
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NEW JERSEY: Golian v. Golian, No. A-4211-99T5 (N.J. Super. Ct. App. Div. Oct. 11, 2001).
In a break with other states, the court held that when a person has been determined disabled by the Social Security Administration.
Read More About This CaseNEW JERSEY: Foust v. Glaser, No. A-4450-99T5 (N.J. Super. Ct. App. Div. May 8, 2001).
The mother appealed an order denying reconsideration of an order directing her to contribute toward the college tuition expenses of her daughter.
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Classification of Assets (full category)
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NEW JERSEY: Pascale v. Pascale, 140 N.J. 583, 660 A.2d 485 (1995).
Stock options awarded after the filing of a divorce complaint but obtained through efforts expended during marriage are subject to equitable distribution.
Read More About This CaseClosely Held Corporations (full category)
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NEW JERSEY: Castriota v. Castriota, 268 N.J. Super. 417, 633 A.2d 1024 (App. Div. 1993).
Husband's attempt to shelter his stock shares from the claims of judgment creditors by executing a shareholder agreement which absolutely barred all transfers of stock was void as against public interest.
Read More About This CaseCreditor's Rights (full category)
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NEW JERSEY: Vander Weert v. Vander Weert, 304 N.J. Super. 339, 700 A.2d 894 (App. Div. 1997).
Where the husband in a divorce case executed a mortgage on property held in a tenancy by the entirety to secure the payment of legal fees to a law firm, the firm's lien extended only to that portion of the property, if any, awarded to the husband by way of equitable distribution.
Read More About This CaseCutoff (full category)
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NEW JERSEY: Pascale v. Pascale, 140 N.J. 583, 660 A.2d 485 (1995).
Stock options awarded after the filing of a divorce complaint but obtained through efforts expended during marriage are subject to equitable distribution.
Read More About This CaseDebts (full category)
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NEW JERSEY: Clark v. Clark, ___ N.J. Super. ___, 737 A.2d 189 (Ch. Div. 1999).
An insurance surcharge that resulted from the wife's conviction for driving while intoxicated and leaving the scene of an accident was a nonmarital debt for which the husband owed no duty of contribution.
Read More About This CaseNEW JERSEY: Pascale v. Pascale, 140 N.J. 583, 660 A.2d 485 (1995).
Stock options awarded after the filing of a divorce complaint but obtained through efforts expended during marriage are subject to equitable distribution.
Read More About This CaseDisabilty Benefits (full category)
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NEW JERSEY: Avallone v. Avallone, ___ N.J. Super. ___, 646 A.2d 1121 (App. Div. 1994).
The portion of a disability pension which represents a retirement component is a marital asset, but the portion which represents compensation for a spouse's personal disability and personal economic loss is not subject to equitable distribution.
Read More About This CaseGoodwill (full category)
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NEW JERSEY: Seiler v. Seiler, 308 N.J. Super. 474, 706 A.2d 249 (App. Div. 1998).
The goodwill generated by the husband as manager of a captive insurance agency belonged to the insurance company and could not be included as marital property.
Read More About This CaseJoinder (full category)
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NEW JERSEY: Mustilli v. Mustilli, 287 N.J. Super. 612, 671 A.2d 653 (Ch. Div. 1995).
New Jersey's "entire controversy doctrine" required the husband to assert his malpractice claim against his first lawyer within the matrimonial action in which the alleged malpractice occurred, but the malpractice claim should be severed from the matrimonial claim.
Read More About This CaseJoint Titling (full category)
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NEW JERSEY: Pascale v. Pascale, 274 N.J. Super. 429, 644 A.2d 638 (App. Div. 1994).
By selling her premarital stock and using the proceeds for a down payment on the jointly titled marital home, the wife made an interspousal gift and did not retain a separate ownership interest in the proceeds from the sale of the stock.
Read More About This CaseLife Insurance (full category)
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NEW JERSEY: In re Santos, 283 N.J. Super. 26, 660 A.2d 1271 (Ch. Div. 1994) (released 1995).
A divorce alone does not impliedly revoke the designation of a former spouse as a beneficiary of a life insurance policy.
Read More About This CasePensions (full category)
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NEW JERSEY: LaSalla v. LaSalla, ___ N.J. Super. ___, 735 A.2d 52 (Ch. Div. 1999).
The husband's pension as a police officer was subject to equitable distribution, but only to the portion acquired during the marriage.
Read More About This CaseNEW JERSEY: L.M. v. State, Division of Medical Assistance & Health Services, 40 N.J. 480, 659 A.2d 450 (1995).
Pension benefits transferred by the husband to the wife in the parties' divorce proceeding could not be considered income for the purpose of determining his Medicaid eligibility, even though the husband's guardian had sought the divorce and transferred the pension rights for the purpose of avoiding Medicaid income limits.
Read More About This CaseNEW JERSEY: White v. White, 284 N.J. Super. 300, 664 A.2d 1297 (Ch. Div. 1995).
The husband, a federal employee who had not participated in Social Security, should receive an offset for the wife's Social Security when she begins receiving those benefits.
Read More About This CaseNEW JERSEY: Johnson v. Johnson, 320 N.J. Super. 371, 727 A.2d 473 (App. Div. 1999).
A provision in the parties' divorce judgment that required payment of attorney's fees from the husband's pension fund constituted an assignment of benefits expressly prohibited by federal law.
Read More About This CaseNEW JERSEY: Reinbold v. Reinbold, 311 N.J. Super. 460, 710 A.2d 556 (App. Div. 1998).
The enhanced value of the husband's pension as increased by early retirement incentives was distributable property under the parties' property settlement agreement.
Read More About This CasePremarital Property (full category)
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NEW JERSEY: Pascale v. Pascale, 274 N.J. Super. 429, 644 A.2d 638 (App. Div. 1994).
By selling her premarital stock and using the proceeds for a down payment on the jointly titled marital home, the wife made an interspousal gift and did not retain a separate ownership interest in the proceeds from the sale of the stock.
Read More About This CaseSocial Security Benefits (full category)
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NEW JERSEY: White v. White, 284 N.J. Super. 300, 664 A.2d 1297 (Ch. Div. 1995).
The husband, a federal employee who had not participated in Social Security, should receive an offset for the wife's Social Security when she begins receiving those benefits.
Read More About This CaseStock Options (full category)
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NEW JERSEY: Pascale v. Pascale, ___ N.J. Super. ___, 644 A.2d 638 (App. Div. 1994).
One stock option owned by the wife should be excluded from equitable distribution because it was intended as an incentive for her future performance, but another stock option was subject to distribution because it was intended to recognize the wife's past employment performance.
Read More About This CaseTorts (full category)
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NEW JERSEY: Brennan v. Orban, 145 N.J. 282, 678 A.2d 667 (1996).
Family courts have discretion to decide whether or not the victim of a marital tort will receive a jury trial on her tort claim that is joined with a divorce action.
Read More About This CaseTransmutation of Property (full category)
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NEW JERSEY: Pascale v. Pascale, 274 N.J. Super. 429, 644 A.2d 638 (App. Div. 1994).
By selling her premarital stock and using the proceeds for a down payment on the jointly titled marital home, the wife made an interspousal gift and did not retain a separate ownership interest in the proceeds from the sale of the stock.
Read More About This CaseWiretapping (full category)
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NEW JERSEY: D'Onofrio v. D'Onofrio, No. A-5492-98T1 (N.J. Super. Ct. App. Div. Oct. 2, 2001).
The mother appealed the award of primary custody of the children to the father. The mother's primary argument was that audio tapes of coarse telephone conversations between the mother and the children should not have been admitted.
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