Preserved Equitable Distribution


#1

In my Divorce Judgment, I have a line item that reads: The parties’ claim for equitable distribution should survive the entry of this judgment and be preserved for determination at a later date. My question is: how long is that preserved time? Forever? is there a limitation of time?

Thank you.


#2

The preservation of the equitable distribution claim is a complicated question. This is a question with no answer, as there is no statute of limitations. The court is not supposed to preserve an issue in a divorce decree if there is not one already pending, but that doesn’t mean that this does not happen. The order is improper, and should be amended, as such, you need to file a motion to amend the divorce judgment. Refer to Rule 59.