Okvist v. Contro

In Okvist v. Contro (21 AD3d 1328 [4th Dept 2005]) a Matrimonial Referee found that, despite evidence that the ex-wife resided with a man, that they attended family functions and "various activities of their respective children together" and are generally considered a "couple" by those witnesses who testified at the hearing, there was no evidence that she holds herself out as his wife. (Id. at 1329.) The Court held that without conduct by the ex-wife, either through direct action or by implication, indicating that she ever wished "anyone to believe" that she was married to her live-in boyfriend, there was no "holding out." (Id. at 1329.) In short, the continuation of maintenance in that case was premised on the slenderest of reeds: the ex-wife, seeking to protect her right to retain maintenance, simply needed to prove that she never told anyone that she was married or did whatever is necessary to prevent any reasonable person from concluding that she was married to the boyfriend with whom she lived and shared every conceivable family-like event.