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Divorce Lawyers New York

June 21, 2008

Termination of Alimony

Filed under: Termination of Maintenance — admin @ 9:21 am

Although a complete termination of alimony to the plaintiff was an abuse of the trial court’s discretion, the continued payment of $16,000 a year to a woman of the plaintiff’s means, after her brief marriage to the defendant, was not justified.  Borowitz v. Borowitz

The trial court did not err in its judgment that plaintiff, by using the $1,000 in additional payments awarded to her as a condition to termination of alimony, could make herself employable either by undergoing surgery on her feet or by obtaining additional education, and that defendant’s remarriage, and the birth of a child from the new marriage, constituted substantial change of circumstances justifying termination of alimony.  Tan v. Tan
Similar prior provision allowing the court to make reasonable and proper alterations in its alimony requirement also vested the court with ample power to declare the termination of all alimony upon the occurrence of facts reasonable justifying such a declaration.  Lennahan v. O’Keefe

Absent unequivocal language that the court intended a spouse’s heirs to be bound by its alimony obligation terminated at paying spouse’s death.  Lennahan v. O’Keefe

 

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