Can a divorcing spouse be imputed income from a beneficial interest in a discretionary support trust?
In the landmark case of Tannen v. Tannen, 416 N.J. Super. 248 (App. Div. 2010), the Appellate Division conclusively determined (as upheld by the Supreme Court, see 208 N.J. 409 (2011)) that a divorcing spouse could not be imputed income based upon their interest in a discretionary trust for the purpose of calculating support obligations.…