Fecteau v. Fecteau
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtSpain, J.
The parties entered into a separation agreement in 2004 in which defendant agreed, among other things, to pay plaintiff a monthly spousal support payment until the occurrence of any one of four specified termination events. The agreement, amended in 2005 as to the monthly payment, was incorporated into, but not merged with, a 2007 judgment of divorce.* One of the events that would trigger termination of plaintiffs spousal support was her “living habitually with another person over the age of [18] years in a spousal type of relationship.” In September 2010, defendant moved to terminate his…
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