DONNA M. WHITFIELD, PLAINTIFF-APPELLANT, CROSS-RESPONDENT,
v.
PERRY N. WHITFIELD, DEFENDANT-RESPONDENT, CROSS-APPELLANT.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued February 10, 1987.
Decided December 18, 1987.
Attorney(s) appearing for the Case
Alan M. Grosman argued the cause for appellant-cross-respondent (Grosman and Grosman, attorneys).
Noranne Stradley argued the cause for respondent-cross-appellant.
Rosemary J. Dempsey argued the cause for amicus curiae NOW Legal Defense and Education Fund, Women's Legal Defense Fund, American Association of Retired Persons, Ex-partners of Servicemen/Women for Equality, National Action for Former Military Wives, National Organization for Women of New Jersey, Older Women's League, Pension Rights Center, and Women's Equity Action League (Judith I. Avner and Sally F. Goldfarb, on the brief).
Before Judges BRODY, LONG and D'ANNUNZIO.
Superior Court of New Jersey, Appellate Division.
The opinion of the court was delivered by LONG, J.A.D.
The issue before us is whether that portion of a pension which was earned during coverture but which is neither vested nor matured is subject to equitable distribution upon divorce. We hold that such a pension is "property" acquired during the course of the marriage within the meaning of N.J.S.A. 2A:34-23 and that the practical difficulties inherent in its...
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