Legal Opinion

Kazel v. Kazel

New York Court of Appeals

Decided November 18, 2004PublishedCited by 17 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Kaye.

A judgment of divorce and qualified domestic relations order (QDRO) awarding an interest in the husband’s pension plan do not automatically include preretirement death benefits available under the plan. If the intent is to distribute such benefits, that should be separately, and explicitly, stated.

After 28 years of marriage, Robert and Sandra Kazel were divorced in 1991. In accordance with a final posttrial judgment distributing the marital property by, among other things, divid ing the husband’s pension plan between the parties pursuant to the equitable…

2Cases cited2 opinions

  1. Majauskas v. MajauskasNew York Court of Appeals · 1984
  2. McCoy v. FeinmanNew York Court of Appeals · 2002

3Cited by17 opinions

  1. Ndulo v. NduloAppellate Division of the Supreme Court of the State of New York · 2009
  2. Ross v. RossAppellate Division of the Supreme Court of the State of New York · 2005
  3. Hoke v. HokeAppellate Division of the Supreme Court of the State of New York · 2006
  4. Lauzonis v. LauzonisAppellate Division of the Supreme Court of the State of New York · 2013
  5. Valentin v. New York City Police Pension FundAppellate Division of the Supreme Court of the State of New York · 2005

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