Painter v. Painter

In Painter v. Painter, 65 N.J. 196, 320 A.2d 484 (1974), the New Jersey Supreme Court held that an asset owned by a spouse before marriage will not be subject to equitable distribution and that, in the absence of a showing that the non-owner spouse contributed in some fashion to the increase in value, the immunity will extend to an increase in the value of the asset during the marriage: Clearly any property owned by a husband or wife at the time of marriage will remain the separate property of such spouse and in the event of divorce will not qualify as an asset eligible for distribution. As to this the statute is explicit. We also hold that if such property, owned at the time of the marriage, later increases in value, such increment enjoys a like immunity Furthermore the income or other usufruct derived from such property, as well as any asset for which the original property may be exchanged or into which it, or the proceeds of its sale, may be traceable shall similarly be considered the separate property of the particular spouse. The burden of establishing such immunity as to any particular asset will rest upon the spouse who asserts it. The immunity of incremental value to which we refer is not necessarily intended to include elements of value contributed by the other spouse, nor those for which husband and wife are jointly responsible. Id. at 216, 320 A.2d 484. The Court in Painter drew a distinction between an increase in the value of a pre-marital asset and assets that the parties acquire during the marriage: "A further question is presented when we consider assets that have come into the ownership of a spouse, or of both spouses jointly, during coverture. To the extent that such property is attributable to the expenditure of effort by either spouse, it clearly qualifies for distribution". Id.