Congratulations to Scarinci Hollenbeck Partner Joel N. Kreizman upon his receiving an affirmance from the Appellate Division of the New Jersey Superior Court of his prior win in the Chancery Division, Family Part in DeGilo v. DeGilio. A three judge panel issued a twelve page written decision upholding the trial judge’s determination that equitable principles warranted relief from strict adherence to the terms of a property settlement agreement (“PSA”).
In DeGilio, the PSA stated that if the ex-husband’s payments under the PSA were not timely made, his ex-wife could move to reopen alimony. There were some late payments, but when the ex-wife moved to reopen alimony, the Court noted that at the time the motion was brought, there were no arrears and the ex-husband had almost completed making all payments. It, thus, denied the motion.
The decision in DeGilio is significant in that it reaffirms that the Family Part, as a court of equity, may apply equitable principles, and not necessarily abide by the specific wording of a matrimonial agreement.
Joel N. Kreizman is Co-chair of Scarinci Hollenbeck’s Litigation Group and a member of the Monmouth County office located in Ocean, NJ. Mr. Kreizman is a former municipal court judge who focuses on complex litigation matters. Mr. Kreizman is a frequent contributor regarding litigation matters on Scarinci Hollenbeck’s Business Law News Blog.