HERSKOVITZ v. HERSKOVITZ

2471, 303093/14.

145 A.D.3d 549 (2016)

2016 NY Slip Op 08443

43 N.Y.S.3d 333

KEIKO HERSKOVITZ, Appellant, v. MICHAEL HERSKOVITZ, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 15, 2016.


This appeal is based on the faulty premise that the parties' postnuptial agreement was "totally silent" on the issue of spousal maintenance. A plain reading of the agreement reveals that it was not silent on the issue at all, however, and clearly manifested the parties' intent to settle all economic affairs between them, including maintenance, in the event of divorce. The agreement clearly stated that it was settling all maintenance issues, and it did not award any maintenance...

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