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KROMBERG V. KROMBERG, 44 N.Y. 2d 718, 405 N.Y.S. 2d 451 (1978) is a decision that, I suspect, many of you are unfamiliar with. Indeed, if you were to read it, you might still not be clear as to its significance for us today as its essential holding is merely one of res judicata. The Court of Appeals did go on to state, however, that it would have affirmed the Appellate Division even if the issue were not so foreclosed, and that the contractual clause in question would have been upheld against public policy attack. What did the separation agreement in Kromberg state then? The case was pre-equitable distribution and the separation agreement provided for a sliding scale of support payments depending upon the husband’s income. It also provided for the transfer of the marital residence to the wife.

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