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New York Law - When Might Spousal Maintenance Be Modified? Unless specified otherwise in an agreement between the parties or in the court decision, spousal maintenance continues until:
Once the recipient spouse remarries, nothing revives the right to pay spousal maintenance. That is, a redivorce, or the death of the new spouse, does not revive the spousal maintenance. Sec 236.B.1.a., 248. McSparron (1993) 597 NYS2d 743, (1994) 619 NYS2d 163, and (1995) 639 NYS2d 265 (The husband had been in the Attorney-General's office, reporting to then-Attorney General Robert Abrams. The wife at one point held a press conference and accused the husband of taking drugs and cheating on the couple's taxes. The goal of the press conference was to torpedo Robert Abrams, who then was running for Democratic nomination for U.S. Senator. Abrams fired the husband. The husband then brought an action for reduction of maintenance, which the court granted.) Slagsvol v. Schneck, 624 NYS2d 182 (1995) (The parties' divorce agreement allowed the husband to reduce his maintenance payments when the wife got a job. No mention was made of remarriage. The wife remarried. The court found that the payments should continue. The reason was that the parties' agreement in writing replaced the law, which was in effect only where there was no explicit agreement.) Quaranta (1995), 622 NYS2d 778 (The agreement provided that maintenance would stop only on the wife's death. In exchange, the wife gave up her right to the husband's pension payments. The court concluded that the husband had to keep paying maintenance as agreed even when the wife remarried).
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