From Casetext: Smarter Legal Research

Marshall v. Marshall

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 130 (N.Y. App. Div. 1995)

Opinion

June 20, 1995

Appeal from the Supreme Court, New York County (Phyllis Gangel-Jacob, J.).


The parties were divorced in 1990. Incorporated, but not merged, into the judgment of divorce was a separation agreement, dated November 27, 1989, which requires, among other things, that plaintiff make certain support payments to defendant. Pursuant to this agreement, its terms may not be modified, rescinded or amended unless in writing signed by the parties. The separation agreement has never been modified in writing or by court order. Yet, plaintiff claims that his former wife acquiesced in, and voluntarily expressed a willingness to accept maintenance payments lower than those set forth in the agreement when he was purportedly compelled to endure "dramatically reduced income" arising out of his "extended periods of unemployment".

An agreement which has been incorporated, but does not merge, into a judgment of divorce survives as a separate contract ( Riley v. Riley, 179 A.D.2d 750). Defendant strongly denies ever consenting to accept less support from her former husband.

We have considered plaintiff's remaining contentions and find them to be without merit.

Concur — Kupferman, J.P., Ross, Asch, Nardelli and Tom, JJ.


Summaries of

Marshall v. Marshall

Appellate Division of the Supreme Court of New York, First Department
Jun 20, 1995
216 A.D.2d 130 (N.Y. App. Div. 1995)
Case details for

Marshall v. Marshall

Case Details

Full title:BURTON MARSHALL, Appellant, v. THEDA MARSHALL, Respondent

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 20, 1995

Citations

216 A.D.2d 130 (N.Y. App. Div. 1995)
629 N.Y.S.2d 203