Kyff v. Kyff

This is an action for divorce brought by the wife. The judgment of the Supreme Court in her favor was modified by the Appellate Division by striking out the provision for support on the ground that the award of alimony was barred by a separation agreement between the parties. Upon this appeal the sole question is whether the existence of the separation agreement should have precluded an award of alimony under the following circumstances.^

In 1930, during the pendency of a separation action, the parties entered into an agreement whereby the wife released certain property interests and also gave…