Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Impact
This bill modifies various sections of the New Jersey Statutes concerning assets distribution upon the death of one party in a divorce or civil union process. By making it clear that a surviving party cannot claim an intestate share under these circumstances, A2351 seeks to preserve the decedent's estate for their intended heirs, ensuring that the original wishes regarding asset distribution are respected even in the face of unforeseen events like death.
Summary
Assembly Bill A2351 aims to make modifications to the equitable distribution of assets in instances where a divorce or civil union dissolution complaint has been filed, yet one party passes away before a final judgment is achieved. The bill specifically stipulates that if a spouse or partner dies during this legal process, the surviving party will not be able to claim an intestate or elective share of the decedent's estate. This change aims to clarify and streamline the legal implications surrounding asset distribution during divorce proceedings, especially in cases of unexpected death.
Sentiment
The perception around A2351 appears to be generally favorable, particularly among legislative bodies who see it as a necessary update to reflect modern living arrangements and legal realities. Proponents argue that the law adds clarity and predictability to the often complicated process of asset division during divorce proceedings. However, concerns have been raised by some advocates who worry that it could disincentivize divorce proceedings or create hardships for surviving spouses who may have contributed to the marital estate.
Contention
Opponents of the bill express concern over potential injustices to the surviving spouse or partner, particularly in cases where contributions to the family's financial wellbeing may not be fully recognized or compensated due to the loss of their partner. The discourse around A2351 highlights the balancing act between protecting the rights of individuals under a will or estate plan while ensuring that those who have been financially dependent on their partner are not left without support.
Same As
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Requires court to consider certain domestic violence convictions when considering alimony award; permits alimony modification based on certain subsequent domestic violence convictions.
In intestate succession, further providing for forfeiture; in elective share of surviving spouse, further providing for right of election and resident decedent; in wills, further providing for modification by circumstances; in estates, further providing for modification by divorce or pending divorce and for effect of divorce or pending divorce on designation of beneficiaries; in preliminary provisions, further providing for legislative findings and intent, for definitions and for premarital agreements; in dissolution of marital status, further providing for grounds for divorce, repealing provisions relating to counseling, further providing for grounds for annulment of voidable marriages, repealing provisions relating to defenses, to action where defendant suffering from mental disorder and to general appearance and collusion, providing for general order of divorce proceedings, repealing provisions relating to jury trial, further providing for decree of court and repealing provisions relating to limitations on attacks upon decrees and to opening or vacating decrees; in alimony and support, further providing for bar to alimony; and, in mediation, further providing for mediation programs.
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Requires court to consider certain domestic violence convictions when considering alimony award; permits alimony modification based on certain subsequent domestic violence convictions.
Requires court to consider certain domestic violence convictions when considering alimony award; permits alimony modification based on certain subsequent domestic violence convictions.
Regulates the authority of the court to make provision for the educational expenses of an unemancipated child in certain instances involving child support.