Appeal from an order of the Supreme Court (Clemente, J.), entered November 4, 2002 in Sullivan County, which, inter alia, granted plaintiffs motion to modify a stipulation of settlement.
A stipulation of settlement, not incorporated in a divorce decree, is an independent contract and is subject to the normal rules of contract interpretation (see Wenskoski v Wenskoski, 265 AD2d 635, 636 [1999]). In this respect, whether a writing is ambiguous is a question of law for the court, in the first instance (see Su v Su, 268 AD2d 945, 946 [2000], lv denied 95 NY2d 752 [2000]). To determine the intent of the parties, the entire document is examined (see Matter of Meccico v Meccico, 76 NY2d 822, 824 [1990]), and matters outside the document are considered only if the provision in question is determined as a matter of law to be ambiguous (see Su v Su, supra at 946; Matter of Vizvary v Vizvary, 265 AD2d 697, 698 [1999]). Applying these principles, we find no ambiguity in this agreement.
The manifest intent of the parties was to equitably divide their marital assets. One of these assets was defendant’s pension. In the absence of sufficient marital assets to offset the award of the entire pension to defendant, the parties could either agree that defendant pay a distributive award
This division of an asset is clearly not a distributive award (see Domestic Relations Law § 236 [B] [1] [b]).
