Wife has nonmarital assets of $1 million. The previous year, it had generated income of $69,000. The record additionally reflects wife has experience teaching high school students. Wife could increase her income if she chose to return to teaching. Husband has no nonmarital assets. He has nonmarital debts of $70,000 from the business. He earned [...]
Parties divorce. Wife appealed a number of issues. One of them is the valuation of husband’s share in a corporation. The Appellate Court did not agree with Wife’s arguments for the valuation. Wife’s expert, Lipman, testified that the capitalization of excess earnings method is generally employed in divorce cases. He wrote a valuation report. He [...]
The judge held that the value of husband's pension was more than his contributions. It then awarded wife only a portion of the contributions husband had made. The court said that this was the proper value of the pension for asset distribution. Wife appealed. The trial court had stated that there was a need for [...]
Husband funded an IRA in his wife’s name. Divorce proceedings and trial took place. Wife argued that the IRA money was a gift to her from her husband. She testified that the transfer was to make her feel secure. He testified that the transfer was to protect from malpractice claims against him. It was her [...]
The divorcing parties had a second residence. Wife’s parents had deeded the property to the parties in joint tenancy. They still lived there. They had reserved a life estate to themselves. Wife usually paid the real estate taxes from her bank accounts. Her father moved out. Wife (alone) managed and maintained the premises. She located [...]
The parties signed a PreNuptial Agreement before they married. It included a waiver of the right to maintenance. Husband later filed for divorce. Wife argued that she should receive maintenance and a portion of any property which had been acquired during the marriage. Husband argued that the premarital agreement specifically provided that anything acquired during [...]
Parties divorced and divided husband’s pension between them. The parties had three children. Husband was ordered to pay child support to wife. Husband later retired. He filed a motion to reduce his child support payment. Upon retirement, he received a monthly amount from his pension. Husband argued that the pension division was included in the [...]
Wife filed for divorce. It is now two years later. The case is set for trial. Husband filed a counterpetition for legal separation. He also filed a complaint in the law division against wife. He claimed that wife and others schemed to divest him of his interest in marital property. He said that they had [...]
The parties divorce. The judgment provides that their Agreement (MSA) settled 'all questions of property rights. All claims against each other. All rights of maintenance and all other marital rights arising out of their marriage to each other.' Wife was responsible for everything related to the marital home. It was now hers alone. She believed [...]