The New Jersey Appellate Division recently addressed a case involving a prenuptial agreement setting where the husband attempted to deceive the wife as to his asset structure and her entitlement to a particular asset in the event of divorce. The facts are not...
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Living with a Narcissist and Recognizing the Signs of Narcissistic Rage
For those who live with a narcissist, perceptive awareness and assertive communication are essential for your protection. More importantly, you cannot allow a narcissist to get in under your skin and negatively impact your self-esteem. Simply being aware that your...
Due Process Rights of Litigants in Domestic Violence Matters & the Need for Proper Representation
In a recent NJ Appellate Court decision (J.F. v. L.F.), the Appellate Court reversed the trial court’s entry of a domestic violence final restraining order in favor of a son against his mother. Son filed a domestic violence complaint against his mother, claiming that...
Separation, Parenting Time Missteps, Teen & Pre-Teen Drama and the Future of Civilization
When parties separate and begin the process of implementing a parenting time plan, everything can either go well (rarely) or there can be a myriad of mistakes made. From a divorce lawyer’s perspective, how the parties handle those initial mistakes, sets in motion the...
Recapturing Dissipated Marital Assets for Purposes of Equitable Distribution
In New Jersey, a spouse’s actual “dissipation” of marital property is a relevant factor to be considered when dividing the marital estate, pursuant to N.J.S.A §2A:34-23.1(i), which says: “The contribution of each party to the acquisition, dissipation, preservation,...
Distinguishing Between Defined Contribution Plans and Defined Benefit Plans for Purposes of Dividing the Marital Estate
One shortcoming of the family law system in the division of marital assets is that all assets that fit within the “pot” for equitable distribution in the event of a divorce are assigned a fixed value and treated equally (including retirement assets and current...
How to Wield the “Sword of Damocles” to Ensure Compliance with the Terms of Your Marital Settlement Agreement
The recent New Jersey Appellate Division decision in Holtham v. Lucas, 2019 N.J. Super. LEXIS 109 (App. Div. 2019), is important because it acknowledges the use and validity of “penalty provisions” in divorce and post-divorce agreements to ensure a party’s compliance...
A Possible Shift in the Law on Division of Future Financial Benefits in Divorce
As a general rule, all assets acquired during the marriage are presumed to fall within the pot for equitable distribution in a divorce, but there are exceptions. One of those exceptions is the receipt of employment related stock options or restricted stock units,...
