The Appellate Division reversed and remanded … lawyer

ads

subject to equitable distribution under N.J.S.A. 2A:34-23.
The Appellate Division further directed that a plenary
hearing should be held with respect to the fairness of
the agreement as modified by its opinion to exclude the
inherited property.25 Oddly enough, although the parties’
property settlement agreement was dated Dec. 21, 1979,
they entered into an “amendatory agreement” on July 27,
1981, almost seven months after the equitable distribution statute was amended and 19 days after the Supreme
Court’s decision in Gibbons. After the amendatory agreement, the parties proceeded to an uncontested hearing
on July 27, 1981. There was no mention of the amended
statute or Gibbons decision during the uncontested hearing. Nevertheless, on March 14, 1984, the wife filed a
post-judgment motion that sought, among other relief,
to vacate the judgment regarding the portion relating to
equitable distribution.26

colorado auto accident attorney most profitable internet business vw jetta sportwagen reliability sell my structured settlement alabama mesothelioma lawyer dallas mesothelioma lawyer arizona auto accident attorney cash out annuity mesothelioma attorney california hosted predictive dialers boca raton personal injury attorney car crash attorneys dui lawyer scottsdale structured settlement agreement mesothelioma law suits cloud identity and access management personal injury attorney springfield mo annuity payment accident attorney in los angeles quotes car michigan motorcycle accident lawyer mesotheioma personal injury firm selling annuity payments for cash verizon sip boulder personal injury lawyers bus accident attorneys mesothelioma lawyer california structured settlement blog cheaper insurance companies georgia truck accident lawyer asterisk call center software mesothelioma drug structured settlements companies mesothelioma attorney directory injury attorney baton rouge best structured settlement companies business administration masters auto insurance yuba city ca bus accident attorney los angeles structured settlement broker buying an annuity calculator personal injury attorney torrance buyer of structured settlement annuity buyers of structured settlements motorcycle accident lawyer san francisco structure settlements car accident lawyers west palm beach structured settlement buyers ashely madis personal accident attorney business email web hosting dallas mesothelioma attorneys motorcycle accident lawyer san diego la personal injury lawyer car accident lawyer in san diego city college in miami bowne virtual data room what is structured settlement lawyers accidents mesothelioma lawyer houston compare small business phone systems sell structured settlement calculator windows phone for business saskatchewan auto insurance all about mesothelioma injury lawyers west palm beach cash annuity workers compensation lawyer los angeles los angeles workers compensation lawyers pharmacist jobs in chicago buy my structured settlement los angeles auto accident attorneys mesothelioma rates motorcycle lawyer los angeles microsoft private cloud certification car accident lawyer san bernardino mesothelioma lawyer massachusetts mesothelioma charities call centers software st louis mesothelioma attorney mesothelioma lawyers structured settlement brokers car accident law firms mesothelioma lawyer miami dui lawyers mesothelioma law firm how to get a masters in business administration probability of dying in a car accident orange county accident attorney auto accident injury lawyers truck wreck lawyer motorcycle accident lawyer los angeles car accident lawyer tampa java cloud development business telephone service provider mesothelioma diagnosis mesothelioma settlement list of structured settlement companies 3cx voip providers sacramento car accident attorney sell structured settlement payments mesothelioma lawyer louisiana nist cloud security mesothelioma veterans dui attorney tempe structured settlment personal injury attorney memphis structured settlements calculator free online car quotes sell an annuity boost mobile corporate office phone number colorado car accident attorney delaware mesothelioma lawyer mesothelioma cancer center lawyers for mesothelioma california car accident attorney cloud development tools fort lauderdale personal injury lawyer water damage wall repair auto accident lawyers california mesothelioma attorney baltimore accidents attorneys start web design business sell your structured settlement mesothelioma lawyer san diego best android business card scanner new jersey medical malpractice lawyer las vegas car accident lawyer citrix xendesktop price san francisco motorcycle accident lawyer austin dui lawyer austin tx auto insurance selling structured settlements santa ana auto accident lawyer can i sell my annuity internet business plan business pbx system mesothelioma lawyers new york scalable cloud hosting broward personal injury attorney personal injury lawyers michigan lawyers mesothelioma michigan auto accident lawyer structured settlement companies online insurance quote comparison personal injury attorney orange county ca sell annuity virtual dataroom how to sell structured settlement metlife structured settlement cash advance structured settlement business internet san francisco best business telephone service injury attorney milwaukee cloud infrastructure as a service arizona injury lawyer offshore injury lawyer public service telephone company bluehost vs ipage multicystic peritoneal mesothelioma business internet phones maryland mesothelioma lawyers car insuarnce quotes general business credit structured settlement attorneys alcohol treatment center florida car accident attorneys in los angeles jones act attorney businessinternet orlando truck accident attorney newport beach dui lawyer coverdell education savings account calculator accident and injury lawyer houston accident lawyer cloud application hosting auto accident attorney michigan business compliance package network disaster recovery plan fort collins car accident attorney personal injury attorney newport beach"


In an April 20, 1984, opinion supplementing her oral
decision, the judge rejected the wife’s arguments that: 1)
the judgment should be set aside because the amendment
to the statute relating to inherited assets had already
been given retroactive effect, and 2) she had not been
aware of the change in the law of equitable distribution.
The trial judge also concluded that the Supreme Court’s
holding in Gibbons on retroactivity was only applicable
to court-ordered distributions and not consensual agreements. The judge held that the status of the law at the
time the parties entered into their original agreement was
determinative, apparently not taking into account the
amendment to the agreement, which was entered into
after the effective date of the amendment to the equitable
distribution statute. The judge did note in passing that
the husband’s other factual arguments in opposition to
the wife’s motion were unpersuasive on the claims of
laches, ratification and detrimental reliance.27
The Appellate Division’s analysis relied heavily on the
1984 trial court decision of Castiglioni.28 The court stated,
“as in the instant case, Castiglioni considered the retroactive effect of a statutory change in the law of equitable
distribution in the context of the previously negotiated
and signed settlement agreement which had relied on
prior law.”29

colorado auto accident attorney most profitable internet business vw jetta sportwagen reliability sell my structured settlement alabama mesothelioma lawyer dallas mesothelioma lawyer arizona auto accident attorney cash out annuity mesothelioma attorney california hosted predictive dialers boca raton personal injury attorney car crash attorneys dui lawyer scottsdale structured settlement agreement mesothelioma law suits cloud identity and access management personal injury attorney springfield mo annuity payment accident attorney in los angeles quotes car michigan motorcycle accident lawyer mesotheioma personal injury firm selling annuity payments for cash verizon sip boulder personal injury lawyers bus accident attorneys mesothelioma lawyer california structured settlement blog cheaper insurance companies georgia truck accident lawyer asterisk call center software mesothelioma drug structured settlements companies mesothelioma attorney directory injury attorney baton rouge best structured settlement companies business administration masters auto insurance yuba city ca bus accident attorney los angeles structured settlement broker buying an annuity calculator personal injury attorney torrance buyer of structured settlement annuity buyers of structured settlements motorcycle accident lawyer san francisco structure settlements car accident lawyers west palm beach structured settlement buyers ashely madis personal accident attorney business email web hosting dallas mesothelioma attorneys motorcycle accident lawyer san diego la personal injury lawyer car accident lawyer in san diego city college in miami bowne virtual data room what is structured settlement lawyers accidents mesothelioma lawyer houston compare small business phone systems sell structured settlement calculator windows phone for business saskatchewan auto insurance all about mesothelioma injury lawyers west palm beach cash annuity workers compensation lawyer los angeles los angeles workers compensation lawyers pharmacist jobs in chicago buy my structured settlement los angeles auto accident attorneys mesothelioma rates motorcycle lawyer los angeles microsoft private cloud certification car accident lawyer san bernardino mesothelioma lawyer massachusetts mesothelioma charities call centers software st louis mesothelioma attorney mesothelioma lawyers structured settlement brokers car accident law firms mesothelioma lawyer miami dui lawyers mesothelioma law firm how to get a masters in business administration probability of dying in a car accident orange county accident attorney auto accident injury lawyers truck wreck lawyer motorcycle accident lawyer los angeles car accident lawyer tampa java cloud development business telephone service provider mesothelioma diagnosis mesothelioma settlement list of structured settlement companies 3cx voip providers sacramento car accident attorney sell structured settlement payments mesothelioma lawyer louisiana nist cloud security mesothelioma veterans dui attorney tempe structured settlment personal injury attorney memphis structured settlements calculator free online car quotes sell an annuity boost mobile corporate office phone number colorado car accident attorney delaware mesothelioma lawyer mesothelioma cancer center lawyers for mesothelioma california car accident attorney cloud development tools fort lauderdale personal injury lawyer water damage wall repair auto accident lawyers california mesothelioma attorney baltimore accidents attorneys start web design business sell your structured settlement mesothelioma lawyer san diego best android business card scanner new jersey medical malpractice lawyer las vegas car accident lawyer citrix xendesktop price san francisco motorcycle accident lawyer austin dui lawyer austin tx auto insurance selling structured settlements santa ana auto accident lawyer can i sell my annuity internet business plan business pbx system mesothelioma lawyers new york scalable cloud hosting broward personal injury attorney personal injury lawyers michigan lawyers mesothelioma michigan auto accident lawyer structured settlement companies online insurance quote comparison personal injury attorney orange county ca sell annuity virtual dataroom how to sell structured settlement metlife structured settlement cash advance structured settlement business internet san francisco best business telephone service injury attorney milwaukee cloud infrastructure as a service arizona injury lawyer offshore injury lawyer public service telephone company bluehost vs ipage multicystic peritoneal mesothelioma business internet phones maryland mesothelioma lawyers car insuarnce quotes general business credit structured settlement attorneys alcohol treatment center florida car accident attorneys in los angeles jones act attorney businessinternet orlando truck accident attorney newport beach dui lawyer coverdell education savings account calculator accident and injury lawyer houston accident lawyer cloud application hosting auto accident attorney michigan business compliance package network disaster recovery plan fort collins car accident attorney personal injury attorney newport beach"


ads

In Innes v. Innes,30 the parties were married for 31
years before the husband filed a complaint for divorce on
Oct. 8, 1982. A dual judgment of divorce incorporating
a property settlement agreement was entered on March
26, 1984. On June 14, 1985, the husband was unexpectedly fired by his employer. Ultimately, the husband filed
an application to modify his alimony due to changed
circumstances. The trial court included in the husband’s
income for purposes of the modification application,
pension benefits that had been distributed at the time
of the divorce. The husband appealed, contending that
in determining alimony, the trial court should not have
considered the income he received from his pension and
annuity, because the inclusion of that income, he argued,
constituted an inequitable form of “double dipping” in as
much as it flowed from assets that had already been equitably distributed. The husband relied on D’Oro v. D’Oro,31
which prohibits such consideration.
The Appellate Division reversed and remanded
because the trial court made no findings concerning
the parties’ circumstances in establishing the alimony.
However, the Appellate Division rejected the plaintiff’s
argument that his pension and annuity income should
not be considered in determining alimony and specifically rejected application of the D’Oro rule. Justice Virginia
Long, then Judge Long, issued a dissenting opinion to the
Appellate Division majority’s decision, which stated in
relevant part:
Plaintiff and defendant divided the pot of
marital assets at the time of the divorce. In so
doing, defendant took her share of plaintiff’s
pension in a lump sum. Plaintiff now receives
his share of the pension periodically. Periodicity
does not change the nature of the transaction
or the character of the pension payments as
assets and not income. This is not a situation in
which a distributed asset generates or throws off
income. In that event, the income would clearly
be a part of the post-judgment alimony base.
Here, the pension payments sought to be tapped
by defendant as alimony are plaintiff’s equitable
share of the marital asset; as such they are not
includible in the calculation of available income
for an alimony award. It is not the fact that the
pension is not income. Simply stated, no asset,
however derived, should be considered part of
the income available for alimony purposes. [Id.
at 248-49, 542 A.2d 39] The recent amendment
to N.J.S.A. 2A:34-23, which codifies the holding
in D’Oro, had not been enacted when the Appellate Division decided the case. Accordingly,