- 7 - 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 “inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011