Burn v. Burn

*489The parties’ 2003 separation agreement provided that in exchange for waiving her interest in certain distributable property, including defendant’s retirement accounts and his interests in real property worth millions of dollars, plaintiff was to receive maintenance payments from defendant “until the death of the Wife or the death of the Husband.” The agreement was incorporated by reference but not merged into the 2004 judgment of divorce. Plaintiff remarried in July 2011.

In the absence of an agreement to the contrary, spousal support ordered in a judgment of divorce must terminate upon the…