Where there has been fluctuation in the value of a marital asset between the date the divorce complaint was filed and the date of distribution

Law Lessons from LINDA M. GEFFNER v. RAMI E. GEFFNER, App. Div., A-2896-08T2, May 11, 2011: When determining what property will be eligible for equitable distribution, the period of acquisition is deemed to terminate the date that the divorce complaint was filed. Painter v. Painter, 65 N.J. 196, 218 (1974). Thus, the general rule is that the valuation date is the date the complaint was filed. DiPietro v. DiPietro, 193 N.J. Super. 533, 538 (App. Div. 1984). "Where there has been fluctuation in the value of a marital asset between the date the divorce complaint was filed and the date of distribution, the driving force behind that fluctuation must be determined so that proper distribution of the asset may be accomplished." Addesa v. Addesa, 392 N.J. Super. 58, 76-77 (App. Div. 2007) (citing Scavone v. Scavone, 243 N.J. Super. 134, 136-37, (App. Div. 1990)). "Where the value of a particular marital asset has increased due to the diligence and industry of the party in possession of that asset, independent of market forces, the increase will normally accrue to that party alone." Id. at 77. However, "[w]here . . . the enhanced value is attributable to market factors or inflation, the increase will generally be divided between both parties." Ibid. Note: There is a print link embedded within this post, please visit this post to print it. NOTE: My legal services include family law, divorce, child support, litigation, arbitration, mediation, child custody and visitation, alimony, equitable distribution, separation agreements, palimony, PSA, property settlement agreement, premarital and prenuptial agreements, midmarriage and marital agreements.

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2 Responses to Where there has been fluctuation in the value of a marital asset between the date the divorce complaint was filed and the date of distribution

  1. Lucinda says:

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  2. Parthena says:

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