Practice point: A stipulation of settlement which is incorporated but not merged into a judgment of divorce is a contract subject to the principles of contract construction and interpretation. In interpreting the stipulation, the court will construe it in such a way as to give fair meaning to all the language employed by the parties to reach a practical interpretation of the expressions of the parties so that their reasonable expectations will be realized.
Student note: Where the parties' intention is clearly and unambiguously set forth, the court must vie effect to their intent as indicated by the language they used.
Case: Matter of Christie, NY Slip Op 05818 (2d Dep't July 26, 2017)
Here is the decision.
Tomorrow's issue: A motion for a finding of civil contempt.
