Nash v. Nash
Opinion of the Court
—In a matrimonial action in which the parties were divorced by a judgment dated December 29, 1997, the defendant former husband appeals from an order of the Supreme Court, Dutchess County (Bellantoni, J.), dated December 22, 1998, which granted that branch of the motion of the plaintiff former wife which was for leave to enter a judgment against him in the principal sum of $6,614 representing a one-half share of the value of a specified Individual Retirement Account account.
Ordered that the order is affirmed, with costs.
In a prior order dated October 15, 1997, and in the judgment of divorce, the plaintiff was awarded the exclusive use and occupancy of the marital residence, and the defendant was directed to transfer to her a 50% interest in his Individual Retirement Account (hereinafter IRA) with the Pioneer Group, Inc. After the defendant had disobeyed directives in the order and judgment that he vacate the marital premises, the plaintiff commenced a proceeding to have him punished for contempt. That proceeding was resolved on April 2, 1998, when the parties entered into a stipulation. It was only after the entry of the stipulation that the plaintiff learned that the defendant had also failed to comply with the directive that he transfer to her a 50% interest in the IRA, and that instead, he had liquidated the IRA account. The Supreme Court granted that branch of the plaintiff’s motion which was for leave to enter a judgment in her favor representing one-half of the IRA. We affirm.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.