A New York divorced man sought to terminate and collect past spousal support payments because his wife was co-cohabiting with another man, as reported by the New York Law Journal in an October 5th, 2012 decision.
During the couple’s divorce a support stipulation was negotiated. The stipulation was incorporated into the couple’s final judgment but never fully merged. From the language of the settlement the court ruled that the ex-wife’s cohabitation with another was in breach of the terms of the stipulation. However the court ruled against requiring the ex-wife pay back the portion of the funds she received while she was cohabiting.
Based on public policy the court is opposed to having parties payback funds that were designed to support that party. The court stated that in doing so it could cause an unnecessary hardship upon the ex-wife, especially since she also has physical custody of the parties’ two children. In conclusion, the court ruled to terminate future payments based on the contract, but the woman did not need to pay back due to public policy.
Jayson Lutzky has been a practicing New York attorney for over 29 years. He is experienced in getting the best results for his clients who are facing family law issues such as divorces, child custody, and child support issues. If you are facing a family law issue, then contact our law office or visit our website at https://mynewyorkcitylawyer.com/ for a free initial consultation or call 1-800-660-LAWYER or 1-800-660-5299.