SIONE B. v. DOUG B. (Supreme Court, NY County)

In a post-judgment application, the parties’ dispute the interpretation of the provisions of the Stipulation of Settlement with regard to the ex-husband’s Screen Actors Guild Pension.  The ex-husband had recorded a commercial for Southwest Airlines two weeks prior to the marriage but earned pension credits during the marriage that were derived from that commercial for two years.  Therefore the ex-husband contends that the calculation in the QDRO was flawed and in violation of the Separation Agreement because ex-wife would be provided distributions from the pension account based on residuals derived from work he performed prior to the marriage.    The court disagreed and held that the “Agreement made no distinction between credits earned based on pre-marital work as opposed to credits arising from work first performed during the marriage.  In effect the Agreement provides that if the pension credit was received during the marriage, it was marital property subject to distribution.”