Barr v. Barr

LOWENSTEIN, Judge.

The issue here is whether the following provision, part of a separation agreement incorporated into a dissolution decree, was triggered, terminating an obligation for further maintenance:

“Said maintenance shall earlier terminate upon the death of either party, [wife’s] conjugal cohabitation with an adult male for a period of sixty (60) days, or remarriage of [wife].” (emphasis added).

The motion court found in favor of the former husband, Kent, concluding that his former wife, Kitty, had conjugally cohabited with a man for sixty days. Both parties have appealed. Kitty claims…