Herscher v. Herscher

Every marriage creates a menage a trois — the three members of the household are the husband, the wife and the law. Plaintiff in this action seeks to recover support from her former husband. The latter’s motion is for partial summary judgment and incidental relief. It presents the precise question of whether the former husband’s obligation under a separation agreement to support plaintiff survives her subsequent marriage ceremony which is void because the new groom did not sleep clean, he was already wed to another.

The parties to this action were married in New York in 1939. On March 13,…