Sanseri v. Sanseri

OPINION OF THE COURT

Richard A. Dollinger, J.

1. Introduction — Facts

In this matter, the court revisits a familiar question: in the absence of remarriage, when can a trial court terminate maintenance? Thirty-six years ago, the Court of Appeals, working within the confines of section 248 of the Domestic Relations Law, decided this question in Northrup v Northrup (43 NY2d 566, 572 [1978]), and held that unless the person is “(1) habitually living with a man, and (2) holding herself out as his wife,” no modification is permitted. But now, decades later, the concept of maintenance has been…