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rights of the parties in marital property, the Domestic Relations
Law provides: “Marital property shall be distributed equitably
between the parties, considering the circumstances of the case
and of the respective parties.” N.Y. Dom. Rel. Law sec.
236B(5)(c). The terms “maintenance” and “distributive award” are
defined in the Domestic Relations Law, N.Y. Dom. Rel. Law sec.
236B(1)(a) and (b), respectively, as follows:
(a) The term "maintenance" shall mean payments
provided for in a valid agreement between the parties
or awarded by the court in accordance with the
provisions of subdivision six of this part, to be paid
at fixed intervals for a definite or indefinite period
of time, but an award of maintenance shall terminate
upon the death of either party or upon the recipient's
valid or invalid marriage, or upon modification
pursuant to paragraph (b) of subdivision nine of
section two hundred thirty-six of this part or section
two hundred forty-eight of this chapter.
(b) The term "distributive award" shall mean
payments provided for in a valid agreement between the
parties or awarded by the court, in lieu of or to
supplement, facilitate or effectuate the division or
distribution of property where authorized in a
matrimonial action, and payable either in a lump sum or
over a period of time in fixed amounts. Distributive
awards shall not include payments which are treated as
ordinary income to the recipient under the provisions
of the United States Internal Revenue Code.
2. Petitioner’s and Respondent’s Arguments
Respondent argues that the $50,000 payment was made in
settlement of property rights: “The $50,000 payment is part of a
global property settlement.” Respondent reaches that conclusion
based on the settlement stipulation. He directs us first to the
separate provision dealing with “maintenance” and then to
Marilyn’s attorney’s description of the $50,000 payment as “in
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