Twiss v. Twiss
Court: Appellate Division of the Supreme Court of the State of New York; December 21, 1997; New York; State Appellate Court
In a matrimonial action stemming from a divorce judgment dated December 30, 1994, the plaintiff wife appeals two orders from the Supreme Court, Westchester County. The first order, entered on November 27, 1996, denied her motion for post-settlement interest or appreciation on her distributive share of a deferred compensation plan. The second order, entered on July 8, 1997, adhered to the original ruling upon reargument and denied her request to modify a Qualified Domestic Relations Order (QDRO). The appeal from the November 27, 1996 order is dismissed as it was superseded by the July 8, 1997 order. The July 8, 1997 order is affirmed in the aspects appealed. The court awarded the defendant one bill of costs. The parties had entered into a comprehensive written stipulation that settled their matrimonial action, which was incorporated but not merged into the divorce judgment. The stipulation clearly limited the plaintiff’s distributive share of the defendant's deferred compensation plan to $135,000. The wife consented to the QDRO, which explicitly stated her entitlement to no more than this fixed amount. As a result, she is not entitled to any interest or appreciation on that sum from the date of the stipulation or judgment until the transfer of funds.