- 8 - full and complete satisfaction of all claims of the defendant [Marilyn] in connection with equitable distribution.” He also finds support in the New York court’s discussion of other property transfers in proximity to its discussion of the $50,000 payment. Petitioner relies on ambiguity as his defense. In his post- trial memorandum, petitioner states: It has always been our position, and indeed our original planned strategy, that the nature of the $50,000 payment was not characterized in open court. The stipulation was therefore silent on that matter. The invitation by the divorce court to submit a more particularized document left open the issue of post spousal death liability therefor, to be addressed, if at all, by supplementation of the agreement then recorded. This was never done. Apparently, petitioner believed that, if the $50,000 payment was not labeled “an equitable distribution”, he might have been able to avoid his obligation to make that payment if Marilyn died after they were divorced and before any payment was made. Nevertheless, petitioner admits: “[M]any might come to the conclusion that the $50,000 payment was in the nature of equitable distribution”. 3. Analysis The $50,000 payment was made pursuant to the settlement stipulation and, although incorporated into the judgment of divorce, it cannot be characterized as an amount “awarded by the court” within the meaning of N.Y. Dom. Rel. Law sec. 236B(1)(a) (“maintenance”) or (b) (“distributive award”). Cf. Kaplan v.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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