Legal Opinion

Momberger v. Momberger

Appellate Division of the Supreme Court of the State of New York

Decided July 12, 2012Published

1Opinion of the Court

Mercure, J.P.

In 2007, the parties executed a separation agreement, later incorporated but not merged into their April 2009 judgment of divorce, providing that plaintiff would pay defendant $1,000 a month in maintenance. Under the terms of the agreement, plaintiffs maintenance obligations would be either reduced if defendant inherited over $100,000 or terminated if the inheritance exceeded $200,000. In January 2009, defendant was deeded a remainder interest in her father’s residence, which was valued at over $200,000, subject to a life estate retained by the father. Upon the death of…

2Cases cited8 opinions

  1. Moore v. LittelNew York Court of Appeals · 1869
  2. Rainbow v. SwisherNew York Court of Appeals · 1988
  3. Gruen v. GruenNew York Court of Appeals · 1986
  4. Desautels v. DesautelsAppellate Division of the Supreme Court of the State of New York · 2011
  5. Cerand v. BursteinAppellate Division of the Supreme Court of the State of New York · 2010

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