Carlsen v. Carlsen

The opinion of the court was delivered by

Mountain, J.

This is a companion case to Smith v. Smith, 72 N. J. 350 (1976), decided this day. As in Smith, we are called upon to consider the effect of a pre-1971 separation agreement on a claim for equitable distribution incident to a divorce action initiated pursuant to the “no-fault” amendments to the divorce law, N. J. S. A. 2A:34-1 et seq. The agreement in this case differs somewhat from that in Smith. It cannot be described as dealing only with maintenance and support, since, superficially at least, it has some of the characteristics of a…