In Re Marriage of Sasson

Introduction

Petitioner Abraham Sasson appeals from an order denying his request for termination of spousal support.

Statement of Facts

An interlocutory judgment dissolving the marriage of petitioner and respondent Leora Sasson was entered on August 22, 1977. The judgment approved a marital settlement agreement, and pursuant thereto ordered petitioner to pay respondent spousal support in the nonmodifiable sum of $350 per month for a period of six years commencing April 15, 1977; and thereafter, in the nonmodifiable sum of $250 per month for a period of two years. Spousal support was deemed to be unequivocally nonmodifiable, but was to terminate upon the occurrence of the first of the following events: “Respondent’s remarriage; Respondent’s death; Petitioner’s death, or March 31, 1985 . ..

For purposes of decision, the trial court assumed to be true the allegations contained in petitioner’s trial brief, to wit: Respondent has been *143 cohabiting with Shalom Shahar (Shahar) since approximately November 1977; on November 7, 1978, respondent gave birth to a son, signing the birth certificate as “Lee Shahar” and naming Shahar (who she had represented to be her husband) as…

In the case at bench appellant Abraham Sasson (hereinafter Husband) and respondent Leora Sasson (hereinafter Wife) executed a marital settlement agreement dated May 4, 1977, which was incorporated into the parties’ interlocutory judgment entered August 22, 1977.

The marital settlement agreement in pertinent part provides: “[T]hat [appellant] shall pay to respondent as and for spousal support a non-modifiable sum of $350.00 per month for a period of six (6) years, and thereafter for an additional two (2) years a nonmodifiable sum of $250.00 per month. Said sums shall be payable one-half on the 1st and 15th day of each month, commencing April 15, 1977, and continuing thereafter until the first to occur of the following events: Respondent’s remarriage; Respondent’s death; [appellant’s] death or March 1, 1985, at which time said spousal support shall forever cease and terminate. Under no circumstances shall any court of competent jurisdiction have jurisdiction to modify said spousal support as to amount or duration; it being the express intent of this Order that [appellant’s] obligation to pay spousal support shall be for a period of eight (8) years on a non-modifiable basis unless…

Petitioner Abraham Sasson appeals from an order denying his request for termination of spousal support.

An interlocutory judgment dissolving the marriage of petitioner and respondent Leora Sasson was entered on August 22, 1977. The judgment approved a marital settlement agreement, and pursuant thereto ordered petitioner to pay respondent spousal support in the nonmodifiable sum of $350 per month for a period of six years commencing April 15, 1977; and thereafter, in the nonmodifiable sum of $250 per month for a period of two years. Spousal support was deemed to be unequivocally nonmodifiable, but was to terminate upon the occurrence of the first of the following events: "Respondent's remarriage; Respondent's death; Petitioner's death, or March 31, 1985...."

For purposes of decision, the trial court assumed to be true the allegations contained in petitioner's trial brief, to wit: Respondent has been cohabiting with Shalom Shahar (Shahar) since approximately November 1977; on November 7, 1978, respondent gave birth to a son, signing the birth certificate as "Lee Shahar" and naming Shahar (who she had represented to be her husband) as the father;…