In Whissell v Whissell, the Appellate Court of NJ held that an asset not included in the PSA is not automatically subject to equitable distribution. Rather, a plenary hearing (a trial) is necessary to determine if distribution of the asset in the context of the entire agreement is “fair and just.”
In the opinion of the writer herein, this ruling would likewise apply to a liability not included in the property or marital settlement agreement or Judgment of Divorce.
Gabrielle L. Strich, Esq.
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