Michael P. Tulay - Page 9

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               Petitioner argues that the payment was rehabilitative                  
          alimony to cover the cost of Tulay’s obtaining a postgraduate               
          degree and, therefore, would terminate upon the death of Tulay.             
          Petitioner claims that the $35,000 amount was determined “based             
          on her receiving $600/month for 58 months, which represented                
          approximate costs for graduate school and the length of time                
          until * * * [the] youngest child would begin school respectively.           
          * * * The $600/month was consistent with the rehabilitative                 
          alimony figures discussed during mediation.”                                
               At trial, both Sobieski and Mynatt testified as to the terms           
          of the MDA.  According to Sobieski, there was no agreement as to            
          alimony payments at any time.  She testified that the unequal               
          division of assets, i.e., the “imbalance”, was intended as an               
          “equitable” division and that Tulay always claimed that she was             
          entitled to more than 50 percent of the property.                           
               Mynatt testified that correspondence with Tulay’s previous             
          counsel regarding division of property and a draft MDA prepared             
          by Tulay’s previous counsel indicated that there was to be                  
          alimony for Tulay in order for her to pursue a postgraduate                 
          degree.  However, none of the correspondence with Tulay’s                   
          previous counsel was presented as evidence, and Mynatt                      
          acknowledged that Sobieski never requested alimony on behalf of             
          Tulay.  Mynatt recalled discussing support for Tulay at the                 
          August 19, 2002, meeting, but he said that support was not                  






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