Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Enforcing Divorce Agreements

By ALM Staff | Law Journal Newsletters |
March 29, 2012

All New York legal practitioners are aware (or they should be) that an action for a breach of contract is subject to a six-year statute of limitations pursuant to the CPLR Section 213. Similarly, an action based upon mistake is also subject to a six-year statute of limitations. CPLR Section 213 (6).

That said, one would think that if one of the parties in a divorce action were to breach a separation agreement or a stipulation of settlement subsequent to the parties' divorce, such a proceeding would similarly be governed by the six-year statute of limitations applicable to breach of contract actions. After all, the Court of Appeals has treated separation agreements and stipulations of settlement as contracts, stating in the seminal case of Boden v. Boden that “the terms [contained in a separation agreement or stipulation of settlement], like other contract clauses, are binding on the parties to the agreement.” Boden v. Boden, 42 NY2d 210 (1977).

Read These Next
New York's Latest Cybersecurity Commitment Image

On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.

Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office Image

A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.

Bit Parts Image

Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights

The Bankruptcy Hotline Image

Recent cases of importance to your practice.

How AI Has Affected PR Image

When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.