Domestic Relations Law §248 mandates that spousal support provided in a divorce judgment be terminated upon the remarriage of the recipient. It also provides the court with the discretion to modify support where the recipient-wife cohabits with another man in a non-marital relationship and holds herself out as married to the cohabiter. The Court of Appeals has so narrowly construed the latter provision that such modifications are virtually never granted. A fascinating recent decision, Sanseri v. Sanseri,1 presents an innovative interpretation of §248 designed to restore meaning to the statute.
The §248 ‘Racket’
DRL §248 was enacted to overcome “a racket wherein A, a beautiful young blond, married B, rich old fool and so conducts herself so that within three months B is most anxious and very agreeable to a divorce and the payment of $200 weekly alimony. A who is very fond of C, also young, wants to marry him, but realizes that marriage will deprive her of the $200 per week. Instead of marrying C, she lives with him habitually as Mrs. C, and holds herself out as such. Thus both A and C live happily ever after on B’s $200 per week. It is not fair.”
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