Painter v. Painter

320 A.2d 484 (1974)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married in 1953, and lived together as husband and wife until January 23, 1967. H and W were married in 1953 and lived together as husband and wife until January 23, 1967. H filed for divorce in 1970, as they had lived separately and apart for more than 18 months with irreconcilable differences. Three children were born of the marriage, and they were 15, 12, and 7 years of age. They have always been, and remain, in the custody of the mother. It was determined that the total assets of H had a value of $ 230,309 and those of W a value of $99,709. In determining the value of property subject to equitable distribution, the court excluded assets which were acquired by gift or inheritance during marriage as well as property owned prior to marriage. The court determined the assets available for distribution, as being $82,571 for H and $ 58,199 for W, respectively. H's income in 1971 was found to have been $32,218. The court ordered H to pay alimony and support in the sum of $12,000 per year, allocated $500 per month as alimony and $166.66 per month as support for each of the three children. It also ordered H to pay 20% of the difference between H and W's available assets; $4,874. The Supreme Court of New Jersey granted certification to consider the questions raised by the new equitable distribution statute.