Mercure, J.
The parties entered into a partial property agreement that, as amended, was incorporated but not merged into their 1999 judgment of divorce. In that agreement, the parties consented to value defendant's pension as of May 21, 1998 — the date of commencement of the divorce action — and to calculate plaintiff's share using the Majauskas formula, equally dividing the marital portion of the pension (see Majauskas v Majauskas,
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