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