Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Impact
The primary impact of S1424 is on the intersection of family law and probate law. Previously, if a spouse or partner dies during divorce proceedings, the survivor could potentially be left with no claim to any share of the estate. This bill allows for equitable distribution of jointly held property while specifying that such distribution will preclude the right to any intestate or elective share. The change represents a uniform approach in handling property that acknowledges ongoing legal proceedings across family law scenarios.
Summary
Senate Bill S1424 is aimed at updating the procedural dynamics of property distribution in the event of divorce or dissolution of civil unions when one party dies before the final judgment. The bill permits courts to effectuate equitable distribution of property even after a complaint for divorce or dissolution has been filed if one of the parties dies before the final ruling. This legislation is crucial as it seeks to address gaps in current laws where surviving partners may be left without any legal claim to property posthumously, especially when familial relationships are entangled in legal disputes.
Contention
One notable point of contention surrounding S1424 is the definition of eligible recipients entitled to equitable distribution. The bill specifically excludes surviving spouses or partners who have either ceased to cohabit or have entered into agreements that outline property distributions prior to death. This could lead to disputes about the fairness of denying intestate shares based on interpretations of cohabitation status or existing agreements made during contentious separations. The legislative discourse is likely to revolve around the balance between protecting contract rights and ensuring equitable treatment of surviving partners.
Carry Over
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Carry Over
Permits court to effectuate equitable distribution when complaint for divorce or dissolution of civil union has been filed and either party has died prior to final judgment; provides that surviving party would not receive intestate or elective share.
Permits companion to receive PFRS accidental death pension when there is no surviving spouse; requires adjustment of final compensation for calculation of accidental death benefit for surviving spouse, companion, and children of PFRS members.
Permits companion to receive PFRS accidental death pension when there is no surviving spouse; requires adjustment of final compensation for calculation of accidental death benefit for surviving spouse, companion, and children of PFRS members.
Amends the current law so that if a magistrate dies during active service, while eligible for retirement under ERSRI, their surviving spouse or domestic partner would receive "ERSRI option #1 – 100% survivor option".
Provides that Probation Division would file child support judgment as a lien only when amount of judgment equals or exceeds amount of child support due for a one-month period.