Timmins v. Timmins

—Judgment unanimously affirmed, without costs. Memorandum: In this appeal from a judgment granting plaintiff husband a divorce pursuant to subdivision (6) of section 170 of the Domestic Relations Law, the question presented is whether there was substantial compliance with the terms of the separation agreement between the parties. The fact that the husband, on occasion, fell in arrears on payments due under the separation agreement does not mean that he failed to substantially comply with its terms (Rubin v Rubin, 35 AD2d 460). Nor does the fact that he sought court approval of a reduction in…