What is the bright line rule to determine the “cut off” date for equitable distribution purposes?
The bright line rule is that date when the divorce complaint is filed is the “cut off” date to determine what marital assets will be eligible for equitable distribution. The seminal case on this area is Painter v. Painter, 65 N.J. 196 (1974). In this New Jersey Supreme Court case the court adopted a bright line rule. The Painter court held that property will be eligible for equitable distribution only up until the date of the complaint is filed. Therefore, any property obtained after the “cut off” is exempt from equitable distribution.
