HENDRIX v. HENDRIX


2 A.D.3d 1257 (2003)

768 N.Y.S.2d 840

PATRICIA HENDRIX, Respondent, v. ROYAL F. HENDRIX, Appellant.

Appellate Division of the Supreme Court of the State of New York, Third Department.

December 31, 2003.


Mugglin, J.

In their 1991 divorce action, these parties entered into a stipulation of settlement which was incorporated but not merged into the final divorce decree. At issue now is the income tax treatment of defendant's Navy pension. With respect to the pension, the parties agreed, at paragraph 25 of their stipulation of settlement: "The Wife shall be entitled to receive fifty percent of the Husband's gross monthly pension...

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