Lawyers and Law

In many matrimonial cases, the parties resolve disputes regarding alimony, support and the equitable distribution of marital assets by executing a property settlement agreement.

The Appellate Division recently reviewed a property settlement agreement where the parties agreed alimony would terminate if the plaintiff wife resided with an unrelated person, regardless of the financial arrangements between her and such a person.

A private detective for defendant observed plaintiff’s home for 22 nonconsecutive days in a 3 month period.  He observed an unrelated man coming to the home, and leaving it, with plaintiff.  The man also was observed to be walking the dog and taking out the garbage.

On the basis of these observations, defendant moved the trial court to terminate alimony.

Plaintiff resisted the motion.  She argued she was dating the man and he occasionally stayed overnight, but he resided elsewhere.

The trial court terminated alimony, finding plaintiff was residing with the man.

An appeal was taken.

YOU BE THE JUDGE:  Where the parties have a clear provision for the termination of support in a Property Settlement Agreement, is the Court bound to enforce it?

The Appellate Division reversed, holding that ordinarily a stable, permanent relationship is necessary to enforce a clause terminating alimony.  The plaintiff and defendant apparently consented to a broader provision, but that didn’t mean the court would enforce it.  On examination, the parties’ property settlement agreement raised public policy concerns; if it were enforced literally, plaintiff would lose alimony if she provided shelter to an ailing relative.  The trial court was ordered to conduct a plenary hearing to determine, amongst other things, what the parties intended in their agreement.

The decision points out that a courtroom can bring justice and may be the only way to protect your rights. We know courtrooms; we have harnessed the power of the law in courtrooms to bring justice for our clients for decades. Please contact us to discuss how we can help you in a new lawsuit or provide a “second opinion” about your pending lawsuit. There is no obligation for the initial consultation.

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