Irving C. Smith, Plaintiff-Appellant-Cross-Respondent v. Marion E. Smith, Defendant-Respondent-Cross-Appellant

Summary

The Supreme Court of New Jersey affirmed the trial court's grant of a new trial on equitable distribution, holding that a pre‑1971 separation agreement bars distribution only if it is a property‑settlement agreement that was fair and equitable. The Court classified the Smith agreement as a support agreement, set the date of asset valuation to the date of the separation agreement, and equalized the standard for changed‑circumstances modifications of support.