All legal practitioners are aware (or they should be) that an action for a breach of contract is subject to a six-year statute of limitations pursuant to the CPLR.1 Similarly, an action based upon mistake is also subject to a six-year statute of limitations.2

That said, one would think that if one of the parties in a divorce action were to breach a separation agreement or a stipulation of settlement subsequent to the parties’ divorce, that such a proceeding would similarly be governed by the six-year statute of limitations applicable to breach of contract actions.

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