Litwack v. Litwack

WIEAND, Judge:

In this appeal from a declaratory judgment, we have been asked to determine whether a contractual duty to support a former wife “until she shall remarry ...” is terminated by her unmarried cohabitation with another man. The trial court equated unmarried cohabitation with marriage and held that the duty of support was thereby terminated. We disagree and reverse.

On January 26, 1973, prior to divorce, Patricia L. Litwack, appellant, and Gerald Litwack, appellee, executed a separation agreement which provided, inter alia, that he would make monthly support payments to her “until she…