WEIR v. WEIR


173 N.J. Super. 130 (1980)

413 A.2d 638

PHYLLIS WEIR, PLAINTIFF, v. ROBERT WILLIAM WEIR, SR., DEFENDANT.

Superior Court of New Jersey, Chancery Division — Ocean County.

Decided February 21, 1980.


Attorney(s) appearing for the Case

Sheldon R. Franklin for plaintiff (Spitzer, Franklin & Keck, attorneys).

Nicholas C. Montenegro for defendant (Wilbert, Clyne & Montenegro, attorneys).


SERPENTELLI, J.S.C.

In this matrimonial action the parties ask the court by motion and stipulated facts to determine whether defendant's noncontributory pension fund which has not yet matured to a point where defendant is entitled to receive any benefits is subject to equitable distribution.

As will be more fully set forth below, the facts reveal that defendant's rights under the pension plan are subject both to certain conditions which have not occurred and...

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