Retire or Work?

Most retirement assets are subject to equitable distribution. Here, because an actual retirement date was reasonably expected and relied upon for equitable distribution at the time of the parties’ New Jersey divorce, the pension earning ex-husband, who decided to continue working beyond his expected retirement date, can be compelled to provide the ex-wife spouse with pre-retirement payments of her share of the pension for each month that he voluntarily elects to work, rather than retire. Moore v. Moore, New Jersey App. Div., ___N.J. Super___ (App. Div 2005); 2005 WL 767015; April 8, 2005.