LEE v. LEE


189 A.D.2d 952 (1993)

Denise C. Lee, Respondent, v. Holly A. Lee, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

January 7, 1993


Pursuant to a separation agreement which was incorporated but not merged into their judgment of divorce, the parties agreed that the maintenance payments to plaintiff would be equal to one half of defendant's biweekly net salary. This provision, which did not take into account any income that plaintiff may have had, only applied to maintenance prior to the sale of the marital residence. With respect to maintenance payments after the marital residence was sold, the agreement...

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