Legal Opinion

Biddlecom v. Biddlecom

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1985No. Appeal No. 1; Appeal No. 2PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Green, J.

This appeal requires us to decide whether certain benefits received as a consequence of early retirement following a divorce are subject to equitable distribution. We hold that absent a specific agreement to the contrary, such benefits are not marital property but are the separate property of the retired spouse.

The parties were married in 1954. Plaintiff commenced this action for divorce in April 1983. A stipulated property settlement was entered on the record on May 11, 1983, which, among other things, awarded plaintiff a portion of defendant’s pension upon his…

2Cases cited20 opinions

  1. Hallock v. StateNew York Court of Appeals · 1984
  2. Majauskas v. MajauskasNew York Court of Appeals · 1984
  3. Surlak v. SurlakAppellate Division of the Supreme Court of the State of New York · 1983
  4. Patron v. PatronNew York Court of Appeals · 1976
  5. Lesman v. LesmanAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by10 opinions

  1. Olivo v. OlivoNew York Court of Appeals · 1993
  2. Cowley v. CowleyAppellate Division of the Supreme Court of the State of New York · 2005
  3. Marino v. MarinoAppellate Division of the Supreme Court of the State of New York · 2008
  4. Reed v. ReedAppellate Division of the Supreme Court of the State of New York · 1992
  5. Richardson v. LevittSupreme Court of Georgia · 2002

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