Justice Pam Jackman-Brown

 

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Wife sued for divorce and ancillary relief, and the divorce was granted in her favor. Maintenance, equitable distribution and attorney fees remained unresolved and a trial was held on these issues. Wife sought equitable distribution from husband’s brokerage account and 401k plan, but opposed same regarding her pension plan. Husband agreed to share equally of this 401k account, asking for his equitable share of wife’s pension, but opposed any distribution from his Ameriprise brokerage account. The court noted the marital residence would be sold and the proceeds shared equally, stating wife would have the right of first refusal to purchase husband’s share, and if she failed to do so, husband would have the second right of refusal, or the home would be placed on the open market for sale. Yet, until the property was transferred or sold, the parties would be equally responsible for all marital expenses and carrying charges. Also, the pension plans and 401k account were deemed marital thus would be equally distributed. But, the Ameriprise account was deemed solely husband’s, and wife failed to show joint account was used to contribute to such account, hence, was denied equitable distribution from this account. Wife was granted $1,000 monthly maintenance, but denied attorney fees.

Justice Pam Jackman-Brown

 

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Wife sued for divorce and ancillary relief, and the divorce was granted in her favor. Maintenance, equitable distribution and attorney fees remained unresolved and a trial was held on these issues. Wife sought equitable distribution from husband’s brokerage account and 401k plan, but opposed same regarding her pension plan. Husband agreed to share equally of this 401k account, asking for his equitable share of wife’s pension, but opposed any distribution from his Ameriprise brokerage account. The court noted the marital residence would be sold and the proceeds shared equally, stating wife would have the right of first refusal to purchase husband’s share, and if she failed to do so, husband would have the second right of refusal, or the home would be placed on the open market for sale. Yet, until the property was transferred or sold, the parties would be equally responsible for all marital expenses and carrying charges. Also, the pension plans and 401k account were deemed marital thus would be equally distributed. But, the Ameriprise account was deemed solely husband’s, and wife failed to show joint account was used to contribute to such account, hence, was denied equitable distribution from this account. Wife was granted $1,000 monthly maintenance, but denied attorney fees.