Lowe v. Lowe

There is an outstanding judgment of separation between these parties providing for the wife’s maintenance. Such judgment measures the husband’s obligation to the wife, and she may not receive an award for temporary alimony in this action for divorce (see Schmalholz v. Schmalholz, 111 App. Div. 543). The fact that the parties had been temporarily reconciled would not alter the case in the absence of a revocation of the separation judgment pursuant to section 1165 of the Civil Practice Act (see Schatzberg v. Schatzberg, 229 App. Div. 214, appeal dismissed 255 N. Y. 635; Beeber v. Beeber, 225…