In Viviano v. Allard (197 A.D.2d 210 [1994]), after the parties were divorced the wife was advised that she would receive a monetary award as a result of a class action brought against one of her former employers where she had been employed during the parties' marriage. At the time of the divorce there had been full financial disclosure and neither party was aware of the class action suit. As to the proceeds of the class action suit, the Third Department found: "In the instant case it appears that some, if not all, of the benefits to be distributed to defendant were earned during the years that the parties were married and thus would become marital property subject to equitable distribution. Because plaintiff has not had an opportunity to litigate this issue, we find that the unusual circumstances referred to in Rainbow v. Swisher (72 N.Y.2d 106) are present" (Viviano v. Allard, supra at 212).