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CORTEZ v. CORTEZ

No. 30,717.

203 P.3d 857 (2009)

2009-NMSC-008

Diana CORTEZ, Petitioner-Petitioner, v. Sergio Rene CORTEZ, Respondent-Respondent.

Supreme Court of New Mexico.

February 20, 2009.

Attorney(s) appearing for the Case

Rosner & Chavez, L.L.C., Mary W. Rosner, Las Cruces, NM, for Petitioner.

Keithly & English, P.C., Shane A. English, Anthony, NM, for Respondent.

OPINION

BOSSON, Justice.

{1} Marital settlement agreements are contracts executed by divorcing spouses setting forth the present and future obligations of the parties. They are to be interpreted and enforced according to their terms, when clear, including even the extreme case of enforcing a forfeiture of one spouse's property interest to the other. But when clarity is lacking or important terms are absent, and the parties have substantially...

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