David G. Gionco v. Nancy K. Gionco

CourtNew Jersey Superior Court Appellate Division
DecidedFebruary 3, 2026
DocketA-1526-24
StatusUnpublished

This text of David G. Gionco v. Nancy K. Gionco (David G. Gionco v. Nancy K. Gionco) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David G. Gionco v. Nancy K. Gionco, (N.J. Ct. App. 2026).

Opinion

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION This opinion shall not "constitute precedent or be binding upon any court." Although it is posted on the internet, this opinion is binding only on the parties in the case and its use in other cases is limited . R. 1:36-3.

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-1526-24

DAVID G. GIONCO,

Plaintiff-Respondent,

v.

NANCY K. GIONCO,

Defendant-Appellant. _________________________

Submitted December 8, 2025 – Decided February 3, 2026

Before Judges Natali and Bergman.

On appeal from the Superior Court of New Jersey, Chancery Division, Family Part, Morris County, Docket No. FM-14-0017-19.

Hegge & Confusione, LLC, attorneys for appellant (Michael Confusione, of counsel and on the briefs).

Fox Rothschild LLP, attorneys for respondent (Lindsay A. Heller, of counsel and on the brief; Julia B. Heasley, on the brief).

PER CURIAM Defendant Nancy K. Gionco appeals from Family Part orders denying her

motion for post-judgment relief requesting modification to the equitable

distribution provisions of the parties Marital Settlement Agreement (MSA)

incorporated into their Final Judgment of Divorce (FJD) and denying her

subsequent motion for reconsideration. Defendant further appeals the court's

award of counsel fees to plaintiff David G. Gionco. Having considered the

arguments in light of the record and applicable legal principles, we affirm.

I.

The parties were married in 1991 and have five children. They initially

filed for divorce in 2015, reconciled in 2016, and ultimately divorced on

September 25, 2018. The divorce judgment incorporated an MSA dated August

31, 2018. In the years following the divorce, both parties continued to

communicate regarding financial matters stemming from the MSA. In May

2024, approximately five years and eight months after the FJD, defendant moved

to modify the FJD. Defendant alleged during the divorce plaintiff made

fraudulent transfers of marital assets comprised of his company stock options

into a trust entitled "Gionco Descendants 2018 Trust," (Trust) and failed to

disclose and improperly utilized marital funds to purchase real property in

Mendham (the property) in his sole name prior to the parties FJD. Defendant

A-1526-24 2 also claimed she had not received her share of certain retirement plans held by

plaintiff, although she did not expressly seek relief for this in her motion, instead

raising the point in a certification.

Plaintiff opposed the motion, asserting that defendant was aware of and

involved in creating the Trust; the Trust was referenced in the MSA; she had

received all marital assets due under the MSA; and because he purchased the

property after the complaint for divorce was filed, it was not subject to equitable

distribution. Plaintiff also claimed defendant had received her portion of the

marital retirement accounts as required by the MSA. Plaintiff cross-moved for

sanctions for frivolous litigation, including counsel fees.

The trial court denied defendant's motion, which not only included her

request for modification of the MSA but also requested an order requiring

plaintiff to produce documents, discovery, for a hearing, and attorney's fees.

The court granted plaintiff's cross-motion for counsel fees.

Regarding the allegations of fraud in connection with the creation and

funding of the Trust, the court found the defendant was both aware of and

involved in establishing the Trust. The court noted documentary evidence in the

motion record, including emails and Trust documents supplied by plaintiff to

defendant, demonstrated defendant knew plaintiff's stock options would fund

A-1526-24 3 the Trust and that she received related correspondence and signed documents to

effectuate the Trust. The court found there was no persuasive evidence that

defendant lacked knowledge of the creation of the Trust or did not consent to its

funding with plaintiff's stock options. The court further observed her claims to

the contrary were contradicted by the record, including her own communications

consenting to the Trust being used for the children's college expenses. The court

also found defendant's assertion of unequal bargaining power to be unsupported,

noting that she was an accountant, was represented by counsel, and actively

participated in drafting the MSA.

With respect to the allegations surrounding the property, the court found

plaintiff purchased it after the date of the divorce complaint, using his personal

checking account funded with post-complaint earnings. It determined the

property was non-marital and not subject to equitable distribution. The court

determined defendant provided only a deed as evidence and failed to provide

sufficient facts supporting a prima facie showing that marital funds were used

to acquire the property or to rebut plaintiff's claims, which he supported with

bank statements and other documents.

In its ruling on counsel fees, the trial court emphasized the lack of good

faith in defendant's litigation conduct. The court observed her filings included

A-1526-24 4 incomplete documentation, specifically omitting portions of an email chain

which undermined her claims she did not consent to and lack knowledge of the

creation and funding of the Trust. Additionally, the court found her litigation

positions and shifting arguments were not advanced with reasonable or

sufficient factual support. The court determined defendant's legal positions to

be frivolous and assessed counsel fees against her for $10,156.90, noting

defendant's lack of good faith and failure to establish a prima facie case of fraud

or breach of the MSA.

Defendant moved for reconsideration, raising arguments related to alleged

coercion regarding the funding of the Trust and improper calculations of

equitable distribution regarding plaintiff's retirement account. By order of

January 24, 2025, the trial court denied reconsideration, reasoning that

defendant's new arguments were required to be raised in her initial motion, and

awarded plaintiff additional counsel fees of $8,654.17.

The court rejected defendant's assertions regarding distribution of

plaintiff's retirement account, finding she failed to raise the issue properly as it

was not set forth in the relief demanded in her original motion. The court again

noted a lack of basis for claims of fraud, coercion, or commingling of marital

assets, and reaffirmed its initial findings surrounding the Trust and the property.

A-1526-24 5 The court concluded defendant essentially sought to relitigate matters already

ruled upon without presenting any new previously undiscovered facts or

demonstrating that the court’s prior decision was based on error or overlooked

evidence. The court partially based the additional award of counsel fees on the

need to deter defendant from submitting further frivolous and unsupported

filings.

On appeal, defendant contends the court erred in denying defendant's

motion for post-judgment relief and denying reconsideration, contending

disputed material facts existed in the record warranting discovery and a plenary

hearing concerning (1) whether defendant knowingly and voluntarily consented

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David G. Gionco v. Nancy K. Gionco, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-g-gionco-v-nancy-k-gionco-njsuperctappdiv-2026.