New Jersey Family Law

HAWORTH BERGEN COUNTY NEW JERSEY DIVORCE LAWYER MEDIATION QDRO

They were divorced in 2003. Pursuant to a PSA, there was to be a QDRO distributing a retirement  asset. But by 2006, the QDRO had still not been prepared. This failure resulted in extensive and expensive post-judgment motion practice, involving contested modification of the PSA, changes to the coverture period, surcharging of interest and this Appellate Division decision, including the statement that the Plan should now [in 2008] be impleaded. This will necessarily result in further complications and more legal fees. "We can readily understand defendant's chagrin at the delay in receiving her share of the...Plan.... we can only suggest that the parties implead [the Plan] pursuant to R. 4:29-1(a) and make an application for an order to show cause..."     Panza v. Panza, New Jersey App. Div., March 25, 2008

MORRIS PLAINS NEW JERSEY MORRIS COUNTY DIVORCE LAWYER QDRO

The New Jersey divorce judge required the preparation of a QDRO securing the wife's 35% interest in the husband's police pension with his pre- and post-retirement group life insurance and is affirmed. But as to the second order that denied the husband's motion to limit the wife's life insurance benefits and terminate alimony upon her remarriage, a modification is necessary. In fact, the order should reflect the judge's ruling refusing to terminate alimony in the event of the wife's cohabitation or retirement, but terminating alimony if she remarries.    Olski v. Olski, New Jersey App. Div., September 14, 2007

HAWORTH NEW JERSEY BERGEN COUNTY DIVORCE LAWYER QDRO

The New Jersey divorce judge was correct in denying amendment of a Qualified Domestic Relations Order [QDRO]. Both the ex-wife and the ex-husband were responsible for the delay in implementing the QDRO. In addition, neither the severance pay nor the accrued vacation pay were subject to equitable distribution, not having been acquired or accumulated during coverture.     Overbay v. Overbay, New Jersey App. Div., August 15, 2007

NEW JERSEY DIVORCE : RETIREMENT ASSETS

The court reverses the New Jersey divorce court order which denied plaintiff's request to have defendant immediately execute a Qualified Domestic Relations Order. The appellate court concludes the parties' New Jersey divorce agreement agreement is ambiguous as to the QDRO, and the parties' conflicting interpretations should not have been resolved without a plenary hearing, which should be held on remand. Rubin v. Rubin, App. Div., August 11, 2006

Unwinding The QDRO

A properly drawn QDRO [Qualified Domestic Relations Order] avoids the imposition of punitive taxes when retirement assets are divided upon divorce. Here, however, the parties screwed up their QDRO. The trial court then denied the subsequent motion to vacate the erroneous QDRO. Fortunately for them, however, the Appellate Division reverses the denial and orders that the mistake is to be rectified on remand.   Truesdell v. Truesdell, New Jersey App. Div., August 11, 2005