MCDERMOTT v. MCDERMOTT


123 Misc.2d 355 (1984)

Isabel A. McDermott, Plaintiff, v. Fergus J. McDermott, Defendant.

Supreme Court, Richmond County.

March 22, 1984


Attorney(s) appearing for the Case

E. Patricia Somerset for plaintiff. Robert E. Twiste for defendant.


RICHARD A. GOLDBERG, J.

This action for divorce raises a novel question of law concerning equitable distribution. To what extent, if at all, may a Trial Judge restrict a pensioner's choice of options under his pension plan in order to protect the nonemployee spouse's interest in the pension following equitable distribution?

Plaintiff and defendant are 59 and 62 years of age, respectively, and were married on November 23, 1947, at Roseland, Virginia...

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