Sypek v. Sypek

OPINION OF THE COURT

Albert M. Rosenblatt, J.

Plaintiff husband1 seeks to terminate support payments pursuant to a written separation agreement which contains the following provision: "Support payments shall terminate upon the Wife’s remarriage or if the Wife takes up residency with another man to whom she is not married.” (Emphasis court’s.)

The defendant wife acknowledges that she does indeed live primarily at the residence of another man, who is 97 years old, blind, and otherwise infirm. He requires defendant’s paid services as a live-in aide, for which she receives $160 a month, *797plus room…