WHEN CAN FINANCIAL PENALTIES BE USED TO DETER NON-COMPLIANCE WITH A MARITAL SETTLEMENT AGREEMENT?

20-2-2066 Holtham v. Lucas, N.J. Super. App. Div. (Ostrer, J.) (18 pp.) Plaintiff appealed from the trial court’s order requiring him to pay defendant $150 per day of plaintiff’s non-compliance with a provision of the parties’ marital settlement agreement that required plaintiff to timely pay off the loan of a vehicle equitably distributed to defendant and tender her title to the car. The MSA also imposed a “per diem penalty of $150” for any breach of the agreement. On appeal, plaintiff argued that the $150 per diem charge constituted an unenforceable contractual penalty. The court agreed that, under traditional contract principles, the per diem charge would constitute an unenforceable penalty as contractual damages should be limited to measurable compensable losses. The court noted that contractual penalties were disfavored to avoid oppression, excessive recovery, and deterrence of economically efficient breach. However, the court affirmed the award entered in favor of defendant and against plaintiff. The court ruled that contractual rules disfavoring penalties did not apply with equal force to marital settlement agreements. The court ruled that marital settlement agreements were intended to foster post-divorce stability and thus enforcement of penalty provisions in MSAs could serve that purpose by deterring non-compliance that was not economically motivated and compensating the non-breaching party for the emotional harm that can result from the breach of an agreement that arises from a personal relationship. Specifically, the court noted the trial court’s finding that plaintiff’s breach was deliberate and lacking any reasoned or economic justification. However, the court noted that although penalty provisions in divorce settlement agreements were enforceable, it held that trial courts retained their inherent authority to ensure that penalty provisions were fair and equitable and to modify such provisions to correct any excessiveness or unfairness.
For those in need of help regarding financial penalties, contact Craig Annin & Baxter to discuss your case or schedule a consultation.
Fall on Private Property? Who Would Be Liable For Your Injuries?
Whether you are visiting someone’s home, or you are shopping at a store, it is possible to fall on the owner’s property. If you are injured, someone is liable for the medical treatment and lost wages that you incur because of your injuries. As soon as you are able,...
Why You Need a Lawyer When Facing a Lawsuit
If someone has filed a tort lawsuit against you, you are probably wondering what you should do to protect yourself from liability. Some people think they can handle tort lawsuits without the expert guidance of Woodbury NJ tort claim attorneys. You can run into a...
Accused of Discrimination in the Workplace? Why You Need a Lawyer
Craig Annin & Baxter are Woodbury NJ discrimination attorneys. Discrimination is ugly. When it rears its head in the workplace, it is frustrating and time-consuming. People who play favorites hurt the freedoms of their victims. Craig Annin & Baxter believe...
New Jersey Residents Protected by the Prevention of Domestic Violence Act Without an In-Person Date
In a decision that is timely for the COVID-19 quarantine era, a New Jersey Appellate Court has ruled that a relationship conducted only through sexting qualifies as a dating relationship. In C.C. v. J.A.H., New Jersey’s Appellate Division affirmed the entry of a Final...
How Domestic Violence Cases Are Handled Safely in NJ
Domestic violence happens about every seven minutes in New Jersey. Although victims are usually women, it happens to men as well. About 25% of women and 15% of men in America are victims of physical violence from a partner or spouse. It is important for local victims...
Voting Rights in New Jersey: What You Should Know About How to Exercise Them and Protect Them
Perhaps the most important right we have as citizens of the United States is voting, and while voting differs in each state, New Jersey upholds strict voting rights. Even so, certain groups and individuals have tried to take away rights from those who should be...
Real Estate Closings in New Jersey: Does It Matter If It’s North or South Jersey?
If you are buying or selling real estate in New Jersey, it’s important to consider whether you are closing the sale in North or South Jersey. Keep some key differences in mind if you want to move forward without unneeded complications. This article explains the...
Should I Talk to a Lawyer If My Insurance Claim is Denied?
Insurance is quite comforting until you need it. Then you plunge into a complex web of contracts and administrative operations with terms and processes average people do not understand. When your claim is denied, it can be a shock. A denied insurance claim means you...
Harassment in the Workplace: What to Do If You’ve Been Accused
Someone in your workplace accuses you of harassment. This is time-consuming and stressful to fight as well a threat to your employment and income. Do not assume you can reason with an accuser and return to business as usual. Acquire skilled defense attorneys to handle...
Why You Need a Lawyer if You’re Accused of Causing an Injury to Another Person
If you are accused causing injury to someone as a result of an action, comment, or posting, or you are a victim seek legal advice promptly. Persons who have suffered harm owing to the action or inaction of another can sue for damages. You may be forced to pay a...

