Barrett v. Barrett

— Order unanimously affirmed without costs. Memorandum: In 1979, the parties entered into a separation agreement which set forth, among other things, the support obligations of defendant to plaintiff and their children. The agreement provided that its terms would be incorporated but not merged into any future divorce decree, and could be *1078modified only by written agreement of the parties or by court order. Thereafter, in 1980, defendant obtained a divorce in the Dominican Republic, plaintiff having submitted to the jurisdiction of the foreign court.

In 1981, plaintiff commenced the present…