Gaines v. Jacobsen

The question in this case is whether, under a separation agreement requiring annual payments for plaintiff’s support “ until she shall remarry ”, defendant husband’s obligation to make the payments terminates permanently with the wife’s “ remarriage ” or is revived by a later annulment of that “ remarriage.” The trial court, deciding that the agreement “ contemplated a valid marriage ”, held that defendant’s obligation was revived as of the date the second “ marriage ” was annulled. On appeal, the Appellate Division reversed, finding that plaintiff did remarry, within the meaning of the…