BIELECKI v. BIELECKI (Appellate Division, Fourth Department)

A judgment for divorce granted in 1985 provided for the plaintiff-wife to be entitled to her Majauskas share of her defendant-husband’s pension upon its commencement.  While the pension benefits started in 1991, the plaintiff-wife did not start receiving pension payments from the defendant-husband until October 2005.  The Appellate Court determined that while there are portions of the pension due to the wife, the statute of limitations with respect to pension benefits is six years and because she filed her motion in October 21, 2010, she is due only the amounts for the pension within the six years prior, rather than since 1991 as the lower courts had decided.