Anna Northrup v. Ray A. Northrup, Sr.

Summary

The New York Court of Appeals reversed the Appellate Division’s order that eliminated alimony, holding that the statutory requirement of both habitual cohabitation and a "holding out" as wife was not satisfied by the plaintiff’s conduct. The Court reasoned that mere cohabitation without conduct indicating a marital relationship does not meet the "holding herself out" predicate. Judge Wachtler dissented, arguing that the majority’s narrow reading defeats the legislative purpose. The dissent would have affirmed the Appellate Division’s modification of alimony.