Adams v. Adams

In this action for a separation, plaintiff wife moves for temporary alimony and counsel fees. In opposition to the motion defendant asserts the existence of a subsisting separation agreement. The moving papers clearly establish the reasonable probability of plaintiff’s success upon the trial. The only question to be determined on the present motion is the validity of the purported separation agreement and its effect upon the legal obligation of the defendant to support his wife.

The parties were married in 1934 and resided together until on or about January 7,1946, when they separated. On…