Frequently, judicial opinions cite the cases that say settlement of disputes ranks high in New Jersey’s public policy. Accordingly, it is very difficult to get a trial court to set
Continue Reading Appellate Division Overturns Order Denying Motion to Vacate 8 Year Old Divorce for Fraud
How is Deferred Compensation that is Granted Pre-Complaint, but Vests Post-Complaint, Divided?
Last week, I blogged on the A.J.V. v. M.M.V. case, specifically, regarding the retroactive application of a savings component. As noted in the post, there was an interesting treatment of
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I’m Not a Cat, But Can I Get Divorced Over Zoom Anyway?
One thing this pandemic has taught me about my fellow lawyers: we are adaptable.
Just take the lawyer trapped in a cat filter as an example. Despite his adorable faux
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Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
We made too many wrong mistakes. –Yogi Berra
What happens when you make a mistake? You correct it and move on.
What happens when you make
Continue Reading Mistakes Happen: How the Law Treats Mistakes in Marital Settlement Agreements
New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
A new reported trial court decision, S.N. v. C.R.was released today, confirming that the remedy of partition is still available when non-married parties purchase a home together and there
Continue Reading New Reported Decision Confirms that Partition Remains an Equitable Remedy for Unmarried Cohabitants Without a Writing Despite 2010 Palimony Amendment
Prenuptial Agreement and Full Financial Disclosure Withstands Marriage Ending by Death and Not Divorce
Most of our cases dealing with enforceability of prenuptial agreements stem from marriages that end by divorce and involve one party seeking to enforce the agreement and the other party
Continue Reading Prenuptial Agreement and Full Financial Disclosure Withstands Marriage Ending by Death and Not Divorce
Coronavirus Creates Estate Planning Opportunities – Divorce Too?
Over the last several weeks, via emails, attending webinars and otherwise, I have frequently heard that the coronavirus may create significant estate planning opportunities. In fact, while writing this post,
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When Dividing Deferred Compensation – Say What You Mean and Mean What You Say – To Avoid Future Litigation
It is not unusual for deferred compensation (eg. stock options, restricted shares, RSU, REUs, and a whole host of others) to be addressed in marital settlement agreements, either as assets
Continue Reading When Dividing Deferred Compensation – Say What You Mean and Mean What You Say – To Avoid Future Litigation
Does the Marital Lifestyle Matter When it Comes to Enforcing a Pre-nuptial Agreement?
A recent unpublished (non-precedential) decision, Steffens v. Steffens, suggests that the answer to the above question is “no.”
In Steffens, the Wife sought to set aside a prenuptial agreement,
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Do I Have To Divide the Inheritance I Received During My Marriage?
An issues that frequently arises is the treatment of an inheritance received by a spouse during the marriage. The basic rule is that any property received via gift or inheritance
Continue Reading Do I Have To Divide the Inheritance I Received During My Marriage?