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PEÑA v. ALVES

50 A.D.3d 336 (2008)

855 N.Y.S.2d 444

MARISELA PEÑA, Appellant, v. VICTOR ALVES, Respondent.

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

Decided April 8, 2008.

The trial court correctly found the severance pay plaintiff received after commencement of the action to be a form of deferred compensation earned during the marriage, not, as plaintiff argues, compensation for future lost earnings, and thus a distributable marital asset (see Dunnan v Dunnan, 261 A.D.2d 195, 196 [1999], lv denied 93 N.Y.2d 816 [1999]). The court also properly rejected plaintiff's claim that the severance pay...

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