Maria McKeon v. William Lennon (2010)

CORRECTED ORDER

On January 6, 2010, the parties appeared before the undersigned relative to postjudgment motions regarding the division of various securities held in a joint Fidelity Investments account.   At issue was what language each party required and was entitled to so as to protect from the other their individual interests in the joint account.

Beginning on page 12 of the memorandum of decision, it was the court's intention to divide the current stock options so that each party received 50% of that asset as of the date of dissolution.

It was the court's intention to divide the future stock options so that each party received 50% of those assets, net of taxes, awarded in years 2008, 2009, 2010 and 2011 so that each party had an equal amount after consideration of and payment of taxes.   The court intended that the wife's share be reduced to 40% in 2012, 2013 and 2014 and be reduced to 30% from 2015 until 2021.

The parties are ordered to return to court February 25, 2010 with their respective expert witnesses.   Said experts shall be prepared to testify as to what language they believe will:

1. effectuate the intention of the court regarding this asset;

2. satisfy the requirements of the employer and of Fidelity Investments;

3. safeguard the respective interests of both parties.

The experts shall exchange their reports and written opinions and meet ten days before (February 15, 2010), the court hearing (February 25, 2010), in an attempt to narrow the differences between them.   Counsel and parties may attend that meeting.

The court reserves the right to retain its own expert at an expense to be shared by the parties if the court deems it necessary.

Shluger, J.

Shluger, Kenneth L., J.