Walter v. Walter

Seitz, Chancellor:

Plaintiff seeks a declaration that defendant must continue to make support payments to her under their separation agreement even though the defendant has since obtained a divorce from plaintiff on the grounds of adultery occurring after the execution of the agreement.

Plaintiff and defendant were married on February 19, 1938, and three children were born of the marriage. In October 1954, they separated. The defendant-husband remained at the family domicile while the plaintiff-wife set up new living quarters. On November *28210, 1954, a separation agreement (“agreement”) was…