Attorney John W. Kraigenow successfully reverses trial court's findings regarding the distribution of client's New York State Pension.
Attorney John W. Kraigenow successfully convinced the New York State Appellate Division, Third Department to limit the Wife's share of his client's New York State Pension to only those benefits that existed as of the date that the Wife commenced a divorce action against Attorney Kraigenow's client, who was the Husband. Both the Wife and the Husband signed an interim stipulation during the course of their divorce action which was commenced in 1998. The stipulation expressly provided for the Wife's shafe of the Husband's pension benefits to be limited to what existed as of the date that the Wife commenced the divorce action, to wit: May 21, 1998. The parties were then divorced in 1999. The Husband went on to work for the State of New York for approximately 11 more years after the parties' divorce accumulating additional pension benefits. After the Husband retired and both he and the Wife were receiving a portion of his pension benefits, the Husband learned that the Wife was receiving a share of his pension benefits that were earned after May 21, 1998, the agreed upon date to cut off the Wife's interest in his pension benefits. The Husband made application to the trial court to amend the Domestic Relations Order which was providing the Wife with these additional benefits. The trial court denied the Husband's request. Attorney Kraigenow appealed the trial court's decision on behalf of the Husband and in June of 2016, the Appellate Division, Third Department reversed the trial court's findings and agreed with the Husband that the Wife was entitled to only those benefits that existed on May 21, 1998, the date agreed upon by the parties to terminate the Wife's interest in the Husband's pension.