Appellate Division of the Supreme Court of the State of New York July 19, 2012 (Fecteau v. Fecteau)

Spain, J.

The parties entered into a separation agreement in 2004 in which defendant agreed, among other things, to pay plaintiff a monthly spousal support payment until the occurrence of any one of four specified termination events. The agreement, amended in 2005 as to the monthly payment, was incorporated into, but not merged with, a 2007 judgment of divorce.