Law Lessons from Estate of Bernard Ritterman v. Ritterman, App. Div. (A-3720-07T3; Decided April 2, 2009):

Picture by tanakawho (slowly recovering)

The equitable distribution statute does not authorize the distribution of marital assets except upon the parties’ divorce. Divorce proceedings and claims for equitable distribution abate with the death of one of the parties absent highly unusual circumstances. Carr v. Carr, 120 N.J. 336, 342 (1990), and Castonguay v. Castonguay, 166 N.J. Super. 546, 550 (App. Div. l979).

Instances of unusual circumstances in which equity and public policy required some aspects of statutory equitable distribution and related forms of relief to survive a spouse’s death before divorce include: Carr, supra, 120 N.J. 336 (allowing surviving wife in long-term marriage, whose husband left his entire estate to his children from a pr