Silver v. Silver

In 1970, the parties entered into a separation agreement pursuant to which the respondent husband agreed to pay the petitioner wife, inter alia, the sum of $1,250 per month for a period of three years. Shortly thereafter, this separation agreement was incorporated, but not merged, in a bilateral Mexican divorce decree. After the expiration of the three-year term, the wife initiated this proceeding in Family Court to modify the decree so as to obligate the husband to continue to make monthly payments in the amount of $1,250 until her death or remarriage. The sole issue before us is whether…