Kennedy v. Kennedy

The separation agreement of January 10, 1935, was invalid insofar as it attempted to relieve the husband from his liability to support the plaintiff (Domestic Relations Law, § 51; Kyff v. Kyff, 286 N. Y. 71). Heflin v. Heflin (177 Misc. 290, affd. 263 App. Div. 714) upon which the Official Referee in part based his determination, is clearly distinguishable. The agreement considered therein was made after a final decree of divorce. The provision of .section 1172-c of the Civil Practice Act giving the court discretionary power upon the application of the husband to modify the final judgment…