New York Court of Appeals

Joan M. Olivo, Appellant v. Edubijes Olivo, Sr., Respondent; Albert Tanchick, Respondent, v. Linda C. Tanchick…

November 11, 199382 N.Y.2d 202

Summary

The Court held that post‑divorce early‑retirement incentive payments that are not part of a pension are not marital property, while the enhanced retirement income benefit that increases the pension is marital property and must be shared pro rata; thus it affirmed the Tanchick decision and modified the Olivo decision.