Michael J. Thieme v. Bernice F. Aucoin-Thieme (A-51-15

 Michael J. Thieme v. Bernice F. Aucoin-Thieme 

(A-51-15; 076683) 

N.J.S.A. 2A:34-23(h) authorizes the equitable distribution of Thieme’s Closing Bonus only to the extent that the compensation was earned during the parties’ marriage because, under that statute, the property to be divided is that which was earned, or otherwise acquired, during a marriage or civil union. The Court holds, however, that the extraordinary circumstances of this case warrant the imposition of a constructive trust as a remedy for Aucoin-Thieme’s claim of unjust enrichment and that Aucoin-Thieme is entitled to a percentage of the portion of the Closing Bonus earned during the parties’ cohabitation.