Case law involving the interpretation, validity and enforcement of marital agreements of all types has pervaded the work of divorce lawyers and matrimonial judges for what seems like eons. There is a plethora of precedential decisions that have had an impact on the way family lawyers conduct their practices, and on the advice that they are called upon to give their clients in emotionally charged circumstances, where the wisdom of judges and the judgment of lawyers can impact the lives of litigants and their children for decades to come. Although past Divorce Law columns have addressed issues involving prenuptial, postnuptial, paternity, separation and other forms of marital agreements, from time to time it is important to step back and look at recent cases, both as a reminder of what constitutes the applicable law and a look at where the law may be going in the future. Hence, the focus of this column.

‘Burns’

Appellate Division Justice Patrick H. NeMoyer, speaking for the Fourth Department, addressed a not uncommon conundrum in the recent case of Burns v. Burns, 2018 NY Slip Op 05411 (Fourth Dept. 7/25/2018). The facts involved conflicting understandings of a divorce settlement agreement that provided for spousal maintenance payments to continue to be paid until a date certain. To the ex-wife, this meant that she would receive those payments until that date regardless of her remarriage. On the other hand, the ex-husband believed that his obligation to support his ex-spouse should terminate upon her remarriage. The agreement was silent on the question. Instead, it contained a schedule of periodically decreasing support payments covering a 13-year term. Several months after the ex-wife’s remarriage, the ex-husband notified her that he would stop paying maintenance as a result of that occurrence. The ex-wife moved for a money judgment for the unpaid maintenance amounts. Justice Richard A. Dollinger (one of the most prolific authors of matrimonial law decisions in New York State) denied the motion, and the ex-wife appealed.