New Jersey
How Cohen v. Cohen applies in New Jersey: state-specific rules, key cases, and bar exam notes for Family Law.
In New Jersey, the principles from Cohen v. Cohen regarding equitable distribution and the consideration of both marital and non-marital assets are upheld. New Jersey also prioritizes the best interests of the child and the equitable resolution of family disputes in divorce proceedings.
In New Jersey, equitable distribution is governed by N.J.S.A. 2A:34-23, which requires that all marital property be distributed fairly and equitably between spouses, considering various factors including the length of the marriage, economic status, and contributions of both parties.
In Minkowitz, the court reaffirmed that both spouses' contributions to the marriage, economic or otherwise, must be considered in equitable distribution.
Morris established that the court must consider both financial and non-financial contributions to marital assets when deciding on equitable distribution.
The Friedman court emphasized the importance of fair compensation for non-economic contributions, particularly in long-term marriages.
New Jersey's approach to family law, particularly in equitable distribution, is generally more protective of both spouses' contributions compared to the federal standard, which tends to rely more heavily on the statutes and common law principles. Family courts in New Jersey have more discretion in using equitable principles to ensure fairness in asset division.
Knowledge of equitable distribution principles as highlighted in Cohen v. Cohen is essential for the New Jersey bar exam, especially in questions related to Family Law and divorce proceedings.