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The agreement essentially dealt with a division of property
between petitioner and Ms. Lima. There were provisions with
respect to "Past Debts and Obligations", designation of the
marital home to petitioner, a division of their personal
belongings, etc. Paragraph 17 of the agreement provided:
"WAIVER OF ALIMONY. Each party waives the right to receive
alimony or spousal support from the other party." Paragraph 27
stated: "This agreement is and shall be deemed to be a Florida
agreement, and shall be governed and construed in all respects by
and in accordance with the laws of the State of Florida."
Finally, the agreement provided:
6. AGREEMENT IN EVIDENCE/AVOIDANCE OF MERGER. The
parties contemplate the dissolution of their marriage. This
Agreement is intended to be a full settlement of all matters
in any dissolution of marriage action, and if accepted by
the Court, shall be incorporated by reference in the
Judgment that may be rendered. However, notwithstanding
future incorporation in the Judgment, this Agreement shall
not be merged in the judgment, but shall survive the
judgment, and shall be binding on the parties for all time.
During his marriage, including the year of the divorce,
petitioner was employed as an inventory manager for a national
retailer, Best Buy, Inc. (Best Buy). He commenced his employment
with Best Buy in 1995. At the time of trial, petitioner was
still an employee of Best Buy.
As an employee of Best Buy, petitioner earned stock options
that entitled him to purchase stock in Best Buy at a set price of
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Last modified: May 25, 2011