Bliss v. Bliss

OPINION OF THE COURT

Carro, J.

In 1938 the Legislature amended Civil Practice Act § 1159, as now expressed in Domestic Relations Law § 248, to overcome the prior bar to termination of alimony where the spouse has remarried. That section goes on to provide for the termination of alimony payments where a former husband offers “proof that the [former] wife is habitually living with another man and holding herself out as his wife, although not married to such man”. Five years earlier, in 1933, New York State ceased recognizing “common-law marriage” with the enactment of what is now Domestic…