Olivo v. Olivo

OPINION OF THE COURT

Simons, J.

In these two actions, we are asked to decide whether a woman who is entitled to share in her former husband’s pension is also entitled to share in benefits from an early retirement incentive package accepted by the former husband after divorce. We hold that such postdivorce incentive packages are not marital property, and therefore not subject to equitable distribution, except for the portion of the package that enhances pension benefits payable to the employee. We therefore affirm the order of the Appellate Division in Tan-chick v Tanchick and modify the order…