Carter v. Carter

—In a matrimonial action in which the parties were divorced by a judgment dated October 25, 1996, the defendant appeals from an order of the Supreme Court, Rockland County (Weiner, J.), dated April 6, 1999, which denied his motion, inter alia, to modify the judgment of divorce by directing that the defendant’s 40 IK plan be divided between the parties as of January 15, 1994, instead of January 3, 1994.

Ordered that the order is affirmed, with costs.

A separation agreement, which, as here, does not merge into thé judgment of divorce, survives as a separate contract to which the parties are bound…