Haas v. Haas
New York Court of Appeals
I. A separation agreement which relieves the husband from his liability to support his wife for reasons other than marital misconduct is void. (Querse v. Querse, 290 N. Y. 13; Matter of Rhinelander, 290 N. Y. 31; Kyff v. Kyff, 286 N. Y. 71; Jackson v. Jackson, 290-N. Y. 512; Tirrell v. Tirrell, 232 N. Y. 224; Dworkin v. Dworkin, 247 App. Div. 213; Goldman v. Goldman, 282 N. Y. 296; Garlock v. Garlock, 279 Y. 337; Leeds v. Leeds, 265 App.
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I. A separation agreement which relieves the husband from his liability to support his wife for reasons other than marital misconduct is void. (Querse v. Querse, 290 N. Y. 13; Matter of Rhinelander, 290 N. Y. 31; Kyff v. Kyff, 286 N. Y. 71; Jackson v. Jackson, 290-N. Y. 512; Tirrell v. Tirrell, 232 N. Y. 224; Dworkin v. Dworkin, 247 App. Div. 213; Goldman v. Goldman, 282 N. Y. 296; Garlock v. Garlock, 279 Y. 337; Leeds v. Leeds, 265 App. Div. 189; Moore v. Moore, 59 N. Y. S. 2d 22.) II. Special Term erred in holding that the burden of proof rested upon the wife to establish “ that she was not…
1DissentDye, J.
I dissent for the reason that the covenant in the separation agreement under review, providing for suspension of. alimony payments during such time as the wife shall engage in the retail linen business in New Rochelle, in competition with her husband “ either as owner, part owner or stockholder ” is not unreasonable and cannot, under the circumstances presented here, be regarded as a device to relieve the husband of his duty to support the wife in contravention of the statute (Domestic Relations Law, § 51).
The agreement provided for a property settlement under which the husband conveyed to…
2Cases cited4 opinions
- Goldman v. GoldmanNew York Court of Appeals · 1940
- Winter v. . WinterNew York Court of Appeals · 1908
- Dolan v. DolanNew York Court of Appeals · 1947
- Oatman v. OatmanAppellate Division of the Supreme Court of the State of New York · 1943