30 New Jersey opinions name it 2 courts 1939–2026 6 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Landwehr v. Landwehrgreen2 sentences2026The party challenging the inclusion of an asset in the marital estate bears "'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'" Pascale, 140 N.J. at 609 (quoting Landwehr v. Landwehr, 111 N.J. 491, 504 (1988)). 2025"To refute such a presumption, the party seeking exclusion of the asset must bear 'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'" Pascale, 140 N.J. at 609 (quoting Landwehr v. Landwehr, 111 N.J. 491, 504 (1988)). | 7 | 11 |
Painter v. Paintergreen2 sentences2021"The burden of establishing such immunity as to any particular asset will rest upon the spouse who asserts it." Ibid. 2011Ibid, (citing Landwehr v. Landwehr, 111 N.J. 491, 504 , 545 A.2d 738 (1988); Painter v. Painter, 65 N.J. 196, 214 , 320 A.2d 484 (1974) (noting that the burden of establishing immunity of a particular asset from equitable distribution will rest upon the spouse who asserts it)). | 2 | 8 |
State v. Berezanskygreen2 sentences2018State v. Berezansky, 386 N.J. 2017State v. Berezansky, 386 N.J. | 2 | 2 |
Pacifico v. Pacificogreen2 sentences2011See Pacifico, supra, 190 N.J. at 269 , 920 A. 2d 73 (reiterating that "the burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it"). *888 A plenary hearing affords the airing of proofs regarding the nature of the promotion and whether any corresponding pension enhancement was an ordinary increase arising from the joint efforts of the parties during their marriage, or whether the sums are separate assets generated during the post-judgment pre-retirement efforts of defendant excludable from equitable sharing. 2011See Pacifico, supra, 190 N.J. at 269 , 920 A. 2d 73 (reiterating that "the burden of establishing immunity from distribution of a particular marital asset or portion of an asset rests upon the spouse who asserts it"). *888 A plenary hearing affords the airing of proofs regarding the nature of the promotion and whether any corresponding pension enhancement was an ordinary increase arising from the joint efforts of the parties during their marriage, or whether the sums are separate assets generated during the post-judgment pre-retirement efforts of defendant excludable from equitable sharing. | 1 | 2 |
Dotsko v. Dotskogreen1 sentence2021Ibid.; Dotsko v. Dotsko, 244 N.J. | 1 | 1 |
State v. Tsetsekasgreen1 sentence2020State v. Tsetsekas, 411 N.J. | 1 | 1 |
Weiss v. Weissgreen1 sentence2020Weiss v. Weiss, 226 N.J. | 1 | 1 |
Jecker v. Hidden Valley, Inc.green1 sentence2019Jecker v. Hidden Valley, Inc., 422 N.J. | 1 | 1 |
Gilchinsky v. NATIONAL WESTMINISTER BANKgreen1 sentence2019In determining whether the circumstances of a particular transaction give rise to the conclusion that the transferor intended to thwart or evade creditors, courts generally look to factors commonly referred to A-5450-15T4 15 as "badges of fraud." "Badges of fraud" represent circumstances that so frequently accompany fraudulent transfers that their presence gives rise to an inference of intent. [ 159 N.J. at 475-76 (alteration in the original) (citations omitted)] The plaintiff bears the burden of establishing a claim under the UFTA by clear and convincing evidence. | 1 | 1 |
Welsh v. Wisconsingreen2 sentences2013See Welsh, supra, 466 U.S. at 750 , 104 S.Ct. at 2098 , 80 L.Ed.2d at 743 . 2013See Welsh, supra, 466 U.S. at 750 , 104 S.Ct. at 2098 , 80 L.Ed.2d at 743 . | 1 | 1 |
Benjamin v. Blakegreen1 sentence1957Benjamin v. Blake, 121 N.J.L. 10, 12 ( Sup. Ct. 1938). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Pascale v. Pascale
green
2 sentences2026The party challenging the inclusion of an asset in the marital estate bears "'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'" Pascale, 140 N.J. at 609 (quoting Landwehr v. Landwehr, 111 N.J. 491, 504 (1988)). 2025"To refute such a presumption, the party seeking exclusion of the asset must bear 'the burden of establishing such immunity [from equitable distribution] as to any particular asset.'" Pascale, 140 N.J. at 609 (quoting Landwehr v. Landwehr, 111 N.J. 491, 504 (1988)). | 9 | 1998–2026 |
State v. Gerald
green
2 sentences2001State v. Gerald, 113 N.J. 40, 118 , 549 A. 2d 792 (1988). 2001State v. Gerald, 113 N.J. 40, 118 , 549 A. 2d 792 (1988). | 1 | 2001–2001 |
Kikkert v. Kikkert
green
2 sentences1995In Kikkert, supra, this Court approved of the Appellate Division’s characterization of a pension benefit as “the result of direct or indirect efforts *610 expended by one or both parties to the marriage — it is additional compensation for services rendered for the employer and a right acquired during the marriage.” 177 N.J.Super. at 476 , 427 A.2d 76 . 1995In Kikkert, supra, this Court approved of the Appellate Division’s characterization of a pension benefit as “the result of direct or indirect efforts *610 expended by one or both parties to the marriage — it is additional compensation for services rendered for the employer and a right acquired during the marriage.” 177 N.J.Super. at 476 , 427 A.2d 76 . | 1 | 1995–1995 |
Perkins v. Perkins
green
1 sentence1994N.J.S.A. 2A:34-23; Perkins v. Perkins, 159 N.J. | 1 | 1994–1994 |
State v. Lynch
yellow
1 sentence1980Id. at 256-257 . | 1 | 1980–1980 |
In re estate of Bottomley
green
1 sentence1939In re Bottomley, 92 N.J. | 1 | 1939–1939 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.