A stipulation of settlement that is incorporated but not merged into a judgment of divorce is a contract subject to principles of contract construction and interpretation. In interpreting a stipulation of settlement, the court should arrive at a construction that will give fair meaning to all of the language employed by the parties in order to reach a practical interpretation of the expressions of the parties so that their reasonable expectations will be realized. A court may not rewrite an agreement by adding or excising terms under the guise of construction, and it may not construe the language in such a way as would distort the contract's apparent meaning. Neither can a court cannot reform an agreement so as to conform to what it thinks is proper, if the parties have not assented to such a reformation.
Anderson v. Anderson, NY Slip Op 06108 (2d Dep't November 29, 2023)
