Buffington v. Buffington

WELLS, Judge.

Defendant’s appeal raises for the first time the question whether the passage of the Equitable Distribution Act, which permits property settlements executed “[b]efore, during or after marriage,” alters our state’s former public policy, expressed in the prior decisional law of this state, which permitted such agreements only where the parties had already separated or separated immediately after execution of the agreement.

Before determining whether the trial court’s summary judgment orders were correct, we examine the procedural status of defendant’s appeal. As a general rule, a…