WILLETTE v. WILLETTE


53 A.D.3d 753 (2008)

861 N.Y.S.2d 204

BARBARA J. WILLETTE, Appellant, v. KEVIN J. WILLETTE, Respondent.

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

Decided July 3, 2008.


Peters, J.P.

In October 1998, while the parties were married, defendant withdrew $19,583.61 from his 401 (k) deferred compensation plan established with his then employer, Grand Union. Approximately six months later, the parties entered into a separation agreement which was incorporated, but not merged, into a subsequent judgment of divorce. As relevant here, the separation agreement provides that plaintiff is entitled to her Majauskus share of "all of the...

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