Wojtowicz v. Wojtowicz

In Wojtowicz v. Wojtowicz (171 AD2d 1073), the Court held that in the absence of any proof establishing the existence and availability of husband's pension survivor benefits, it was an error to award wife a portion of such benefits. The Court went on to say, "The record contains no proof that survivor pension benefits are available under the defendant's pension plan. Plaintiff, as the party seeking a portion of the defendant's pension interest, had the burden of establishing the value of said interest, usually by actuarial evidence, as well as the evidence of the plan itself." ( Wojtowicz, supra at 1073-1074.)