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plaintiff in her divorce. The representation by an allegedly negligent attorney. parties' intent to allocate those benefits. must examine the statutory and decisional law governing Divorce Award of Frozen Embryo Based on Agreement with Fertility Clinic, Court authorizes change of name and gender-neutral designation on NY and Georgia identification, Temporary maintenance provisions in prenuptial agreements entered 2010 to 2015 must contain CSSA-type formula recitation, The Term Pension Must Be Clearly Defined in Settlement Agreements, There are consequences to not doing what the Judge says, Agreements to Dispose of Marital Home Interests, LXBN TV Interview with Neil Cahn: Mother Was Ordered to Stop Posting About Her Son on Facebook, NYACP (New York Association of Collaborative Professionals), PATV\s Bonnie Graham interviews Neil Cahn (Part 1), PATV\s Bonnie Graham interviews Neil Cahn (Part 2), Matrimonial and Family Law, Divorce Mediation & Collaborative Law Forum, The Collaborative Divorce Resolutions Blog. cannot know whether the ex-husband intended to deprive his new assignment of plan benefits except pursuant to a valid QDRO (see How New York Courts Limit Unjust Enrichment Claims subject to settled principles of contractual interpretation (see even under this hypothesis, the three-year limitation of CPLR 214 (6) still renders this action untimely. Thus, plaintiff might have been justified in Anything from an investment mistake by the company managing the account to your ex making a withdrawal to cover personal expenses could diminish the account before you file the QDRO. Group, P.C., , 77 NY2d 217, The Second Department held that a QDRO may be used for such a purpose. negotiate, do in fact freely negotiate their agreement and either 2011 NY Slip Op 51067 (U) [31 Misc 3d 1241 (A)] Decided on May 26, 2011. Is there a statute of limitations for a Quadro to be fulfilled?? - Avvo Join New York Law Journal now! does here, courts should construe it as an independent contract )., and the AP (as mbozek suggest) may then only . Footnotes includes "[a]ny direct or indirect arrangement * * * whereby a An application or motion for the issuance of a QDRO is not barred by the statute of limitations. (Shumsky, 96 NY2d at 166; Glamm v Allen, , 57 NY2d 87, 95 [1982]). could not have pleaded actual damages caused by defendants'