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Stipulation Dictates Survivor Benefits
Because the wording of a divorced couple's stipulation of settlement referred to the lifetimes of both parties when discussing the wife's pension, she was properly ordered to choose a pension option that ensures lifetime benefits for her ex-husband. Dagliolo v. Dagliolo, 2012 N.Y. App. Div. LEXIS 452 (3d Dept. 1/26/12) (Mercure, Acting P.J., Peters, Rose and Lahtinen, J.J.).
The parties were divorced in February 2002. The judgment of divorce incorporated but did not merge a stipulation of settlement that directed distribution of the wife's pension. It said that the wife “shall opt to have said pension throughout the life of [husband] and [wife].” In 2010, the husband moved for entry of a proposed domestic relations order granting him survivor benefits in his ex-wife's pension. Supreme Court granted that motion, prompting the wife to appeal. She argued that the domestic relations order could not grant her ex-husband survivor benefits because the underlying stipulation did not provide him with such benefits.
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