You Want Maintenance Upkeep, Don’t Fall Asleep
In, Makris v. Makris, 179 A.D.3d 694, 116 N.Y.S.3d 672 (2020) ex-wife brought action against to enforce maintenance award. Ex-husband filed a petition to terminate his obligation. Westchester Family Court terminated the award retroactive to filing but granted wife’s petition for husband to pay maintenance arrears of $53,312. Husband appealed. Appellate court found that wife waived her right to receive maintenance after former husband stopped paying maintenance.
A valid waiver of the right to receive maintenance requires no more than voluntary and intentional abandonment of a known right that, but for the waiver, would have been enforceable.