Legal Opinion

Dutille v. Dutille

New York Supreme Court

Decided March 4, 2016Published

1Opinion of the Court

OPINION OF THE COURT

Richard A. Dollinger, J.

In this matter, a couple spar over the question of when a retirement account should be valued for equitable distribution purposes. As with many legal decisions, it depends on how a court interprets an agreement in which the language chosen confuses the exact nature of what was intended.

The facts are undisputed: in May 2009, the couple executed a separation and property settlement agreement (the agreement). The agreement provided that the husband had a pension plan with a current value of approximately $280,000. The *305parties agreed that the wife would…

2Cases cited15 opinions

  1. Majauskas v. MajauskasNew York Court of Appeals · 1984
  2. McCoy v. FeinmanNew York Court of Appeals · 2002
  3. Van Kipnis v. Van KipnisNew York Court of Appeals · 2008
  4. Mesholam v. MesholamNew York Court of Appeals · 2008
  5. Anglin v. AnglinNew York Court of Appeals · 1992

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