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Leonard G. Florescue, a partner at Blank Rome, writes that the majority position in the recently-decided Johnson v. Chapin leads to serious conceptual difficulties. If we begin viewing marital property as actually existing prior to commencement of a divorce action, then where do we stop? Is a party spending "marital" property in the marriage to buy another asset responsible if the new asset loses money? What if the "expended marital property" would have lost even more money? Where would it all end?
April 23, 2008 at 12:00 AM
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