New Jersey Senate Bill S1424

New Jersey 2024-2025 Regular Session

• Introduced: 1/9/24
• Refer: 1/9/24
• Chaptered: 1/9/24
• Passed: 1/9/24

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

The primary impact of S1424 is on the intersection of family law and probate law. Previously, if a spouse or partner dies during divorce proceedings, the survivor could potentially be left with no claim to any share of the estate. This bill allows for equitable distribution of jointly held property while specifying that such distribution will preclude the right to any intestate or elective share. The change represents a uniform approach in handling property that acknowledges ongoing legal proceedings across family law scenarios.

Summary

Senate Bill S1424 is aimed at updating the procedural dynamics of property distribution in the event of divorce or dissolution of civil unions when one party dies before the final judgment. The bill permits courts to effectuate equitable distribution of property even after a complaint for divorce or dissolution has been filed if one of the parties dies before the final ruling. This legislation is crucial as it seeks to address gaps in current laws where surviving partners may be left without any legal claim to property posthumously, especially when familial relationships are entangled in legal disputes.

Contention

One notable point of contention surrounding S1424 is the definition of eligible recipients entitled to equitable distribution. The bill specifically excludes surviving spouses or partners who have either ceased to cohabit or have entered into agreements that outline property distributions prior to death. This could lead to disputes about the fairness of denying intestate shares based on interpretations of cohabitation status or existing agreements made during contentious separations. The legislative discourse is likely to revolve around the balance between protecting contract rights and ensuring equitable treatment of surviving partners.