Northrup v. Northrup

In Northrup v. Northrup (43 NY2d 566 [1978]), an ex-wife lived with a man, shared the same bedroom with him, cooked meals, did his wash, permitted him to use her car, and shared household expenses with him, but there was no evidence that she ever stated to anyone that she was married to this other man. The trial court, sitting in the Monroe County Supreme Court, held that the legislature in enacting section 248 did not intend the continued payment of alimony to be dependent merely upon statements or representations made by a former wife and construed the statute to mean "statements or conduct which would lead a person to believe that the parties are living and associating as husband and wife." (Northrup v. Northrup, 43 NY2d at 570.) The Appellate Division, Fourth Department, unanimously affirmed, finding that "cohabitation in what might be reasonably considered a marital relationship is sufficient to satisfy the statutory predicate." (Id.)