Rothman v. Rothman

In Rothman v. Rothman, 65 N.J. 219, 320 A.2d 496 (1974), the Court established the three step analysis which the trial courts are to follow in distributing marital property. First, the judge must decide "what specific property of each spouse is eligible for distribution. Secondly, he must determine its value for purposes of such distribution. Thirdly, he must decide how such allocation can most equitably be made." Id. at 232, 320 A.2d 496. The first two steps can be fairly characterized as the "identification" and "valuation" phases, wherein the parties must identify those items claimed to be subject to equitable distribution and provide the court with their proofs regarding value. Once the assets of the marital estate have been marshaled and their value established, it is up to the court to engage in the third or "distribution" phase, applying the statutory factors set forth in N.J.S.A. 2A:34-23.1.