Joyce Carr, Plaintiff-Appellant v. H. Thomas Carr, Defendant-Respondent

Summary

The Supreme Court of New Jersey affirmed the Appellate Division, holding that New Jersey's equitable distribution statute applies only when a divorce judgment is entered and the elective‑share statute disqualifies a surviving spouse who is separated and has a cause of action for divorce. Consequently, the wife is not entitled to statutory relief, but the court may grant equitable relief, such as a constructive trust, to prevent unjust enrichment.