Robertson v. Robertson

885 A.2d 470, 381 N.J. Super. 199
CourtNew Jersey Superior Court Appellate Division
DecidedNovember 9, 2005
StatusPublished
Cited by10 cases

This text of 885 A.2d 470 (Robertson v. Robertson) 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
Robertson v. Robertson, 885 A.2d 470, 381 N.J. Super. 199 (N.J. Ct. App. 2005).

Opinion

885 A.2d 470 (2005)
381 N.J. Super. 199

Glenn R. ROBERTSON, Plaintiff-Appellant,
v.
Camille M. ROBERTSON, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Argued September 20, 2005.
Decided November 9, 2005.

*472 Edward S. Snyder argued the cause for appellant (Weinstein Snyder Lindemann Sarno attorneys; Mr. Snyder of counsel and on the brief with Crystal G. Surface).

James P. Yudes, Springfield, argued the cause for respondent (James P. Yudes attorney; Kevin M. Mazza and Jason L. Rogers on the brief).

Before Judges SKILLMAN, PAYNE and FRANCIS.

The opinion of the court was delivered by

PAYNE, J.A.D.

In this matrimonial matter, the husband, Glenn S. Robertson, appeals from certain provisions of a dual judgment of divorce entered by a judge of the Family Part following trial.

The Robertsons were married on April 22, 1989 and separated on July 31, 2001. The husband's complaint was filed on September 20, 2001, and a dual final judgment of divorce was entered on November 5, 2003 that memorialized the terms of a written opinion issued on August 30, 2003.[1]

At the time of trial each spouse, born in 1964, was thirty-nine years of age. The parties have three children, Camille, age eleven at the commencement of trial, Nolan, age eight and Luke, age five. Joint custody of the children was awarded, with the mother, Camille M. Robertson, having primary residential custody in the marital home, which in accordance with the court's order, she is entitled to keep until the youngest child graduates from high school.

On appeal, the husband challenges (1) the equitable distribution of stock options awarded to him as a signing and retention bonus by his present employer on September 17, 2001 — three days before the complaint for divorce was filed; (2) the award of permanent alimony to the wife; and (3) the requirement that he pay the full remaining $25,000 to $30,000 balance of a home equity loan with no credit for the payment at the time that the house is sold. We affirm in part and reverse in part.

I.

We first address the issue of the equitable distribution of stock options given in connection with the husband's employment with USA Interactive, which commenced on September 17, 2001, three days before the complaint for divorce was filed. The Family Part judge ordered that the wife be awarded a one-half interest in any stock options granted to the husband before the *473 filing of the complaint. The options at issue, granted at the start of the employment, contained a provision that they would vest in one-fourth increments each year over the next four years on the anniversary date of employment.

On appeal, the husband contends that the wife should have no interest in these options, which were given after separation had occurred and within a week before the divorce complaint was filed, and which vested, at the earliest, twelve months later.[2] The wife concedes that the husband's stock options "were given to him as an incentive for him to accept the position at USA Interactive." However, she contends that he would not have qualified for the job but for her support during the marriage. She also urges that a bright-line rule be employed to determine whether these options are exempt from distribution, and contends that since they were granted before the complaint for divorce was filed, she is entitled to share in them. She also argues that the husband waived his right to claim immunity, since he did not present that argument at trial, but instead argued that the options lacked value.

We disagree with the wife's position. We first find that the arguments presented on appeal have not been waived. The husband has consistently maintained, not only that his vested options lacked value, but also that the stock options did not constitute a marital asset.

We also decline to impose a bright-line rule to a consideration of the distribution of the options as an asset of the marriage. In Painter v. Painter, 65 N.J. 196, 218, 320 A.2d 484 (1974), the Supreme Court stated "that for purposes of determining what property will be eligible for distribution the period of acquisition should be deemed to terminate the day the [divorce] complaint is filed." Although the Court appeared thus to set forth a bright-line rule in its decision, the court observed further:

We are under no illusion that what we have said above will provide certain and ready answers to all questions which may arise as to whether particular property is eligible for distribution. We have sought only to implement the legislative intent, as we discern it, by setting forth what we believe should be the general governing rules. Individual problems must be solved, as they arise, within the context of particular cases.
[Id. at 218 n. 7, 320 A.2d 484.]

We find the present case to present such an individual problem. Critical to us in reaching that conclusion is our consideration of a principal purpose of equitable distribution: namely, to recognize and provide compensation for the contribution of each party to the joint marital enterprise, whether as a homemaker (the role occupied by Camille Robertson) or salary-earner. Pascale v. Pascale, 140 N.J. 583, 609, 660 A.2d 485 (1995) (recognizing marriage as a shared enterprise, the fruits of which should be distributed upon dissolution); Rothman v. Rothman, 65 N.J. 219, 229, 320 A.2d 496 (1974) (recognizing that as the result of the supportive role played by a homemaker-wife, she should "clearly be entitled to a share of family assets accumulated during the marriage."). "[A]ssets acquired after that enterprise or partnership no longer exists should not be so included" in the marital estate. Portner v. Portner, 93 N.J. 215, 219, 460 A.2d 115 (1983).

*474 In Pascale, a case concerning the distribution of options to the wife during the course of her continuing employment but after the divorce complaint had been filed, the Court held that the focus should be on "whether the nature of the asset is one that is the result of efforts put forth `during the marriage' by the spouses jointly, making it subject to equitable distribution." 140 N.J. at 609, 660 A.2d 485. Holding that it would be inequitable to apply the date of complaint rule inflexibly, the Court in Pascale found that the husband should not be denied the benefit of stock options that were earned by the wife during the marriage but were not awarded to her until shortly after the marriage terminated, and that the options at issue had been granted for the "excellent service that [the wife] had provided to the company during her marriage." Id. at 610, 660 A.2d 485.

The reverse situation is presented to us here. The husband moved from the marital home on July 31, 2001 and filed for divorce on September 20, 2001. At the time that the parties separated, the husband was working at a company known as Double Click. Dissatisfied with his position at Double Click, the husband had started a search for different employment in May or June 2001. However, the record reveals that he did not commence his new employment with USA Interactive until September 17, 2001. A separation agreement with Double Click was executed on September 19, 2001. Stock options were issued to the husband immediately upon his employment with USA Interactive.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

T.J. VS. M.J. (FM-18-0468-18, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court App Division, 2020
L.G. VS. L.G. (FM-14-0488-16, MORRIS COUNTY AND STATEWIDE)
New Jersey Superior Court App Division, 2020
K.S. VS. J.S. (FM-18-0685-15, SOMERSET COUNTY AND STATEWIDE)
New Jersey Superior Court App Division, 2020
Elizabeth Gnall v. James Gnall
74 A.3d 58 (New Jersey Superior Court App Division, 2013)
J.E.V. v. K.V.
45 A.3d 1001 (New Jersey Superior Court App Division, 2012)
Genovese v. Genovese
920 A.2d 660 (New Jersey Superior Court App Division, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
885 A.2d 470, 381 N.J. Super. 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robertson-v-robertson-njsuperctappdiv-2005.