New Jersey Assembly Bill A2351

New Jersey 2022-2023 Regular Session

• Introduced: 2/7/22
• Refer: 2/7/22
• Report Pass: 10/17/22
• Engrossed: 10/27/22
• Refer: 11/3/22
• Report Pass: 6/12/23
• Engrossed: 12/11/23
• Enrolled: 12/21/23
• Chaptered: 1/8/24
• Passed: 1/8/24

Caption

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.