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child support; Tulay would keep the house in which she was
living, and petitioner would keep the condominium in which he was
living; each party retained his or her vehicle; personal property
would remain in the possession of whoever had it on that date and
“Any stock or cash accounts * * * [would] be divided 50/50 as of
their balance” on that date (August 19, 2002); Tulay was to be
“granted a 50 percent plus $35,000 interest in” petitioner’s
retirement accounts; and an account for the children would be
maintained with Tulay as custodian and petitioner as trustee.
Petitioner agreed to be bound by the stated terms. After the
meeting, in accordance with the understanding that had been
stated, Sobieski prepared the Marital Dissolution Agreement (MDA)
to be signed by petitioner and Tulay.
Petitioner had taken handwritten notes at the August 19
meeting, and Tulay initialed petitioner’s notes. On the last
page of those notes, petitioner had labeled the $35,000 cash
payment as “rehab alimony”.
The terms of the MDA followed the understanding of the
parties as stated at the August 19 meeting. Under the heading
“Retirement Accounts/Investment Accounts”, petitioner was to
transfer 50 percent plus $35,000 of his retirement accounts to
Tulay, and he agreed to assist Tulay “in obtaining any Qualified
Domestic Relations Order or other documents necessary to secure
the transfer of those funds” to Tulay without penalty. There was
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