TERRI R. MARKOWITZ, Respondent, v HOWARD MARKOWITZ, Appellant. (Action No. 1.) HOWARD MARKOWITZ, Appellant, v TERRI R. MARKOWITZ, Respondent. (Action No. 2.), 52 A.D.2d 521

Summary

The husband and the wife entered into a separation agreement. During the divorce action the wife contended that the agreement should have been rescinded because the couple cohabited together after it was executed. The trial court agreement and entered a judgment in favor of the wife. The court reversed the trial court's judgment. Mere cohabitation alone did not by itself destroy the validity of the separation agreement. The wife failed to prove that both she and the husband had an intent to reconcile when they cohabited together. The wife only testified as to the cohabitation and neither the wife's father's testimony nor the testimony of the couple's oldest child shed any light on the issue of the couple's intent to reconcile.