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A case is currently pending before the New Jersey Supreme Court concerning whether the income generated from irrevocable trust could be used in the computation of an award of alimony. The trust, created by the wife’s family, provided that the trustee had discretionary authority to make distributions to the wife for her support. The husband argued that the trust income should be used to offset his obligation for alimony. The Appellate Court ruled that, under current law, the wife’s beneficial interest in the trust was not an asset in determining alimony. The Appellate Court stated that the Supreme Court was the appropriate authority to determine if the language of the trust should be examined to determine if the beneficiary had the ability to compel distributions based up the trustee’s unreasonable abuse of discretion.
On January 7, 2011, the Supreme Court has decided to hear the case in Tannen v. Tannen.
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