Nell E. McMains v. Thomas F. McMains

Summary

The Court of Appeals held that a valid, non‑merged separation agreement does not bar a later increase in alimony when the former wife demonstrates a genuine need and risk of becoming a public charge. The court reversed the Appellate Division, remanding for factual determination, and noted that statutory provisions grant courts broad discretion to modify support. Justice Fuld dissented, arguing that such modification would impair the contractual rights of the husband.