In Weiner v. Weiner , Jay Weiner was allowed use of Edie Weiner's vacation home as part of the couple's separation agreement.
When the New York County Supreme Court granted Edie's request to stop Jay's use of the property, an appeal to the Appellate Division, First Department, followed.
The AD1 noted a promise not to bother or "harass" a former spouse is an independent part of a separation agreement. And, even when that representation is violated, the violator is typically able to enjoy the separation agreement's benefits.
In this case, however, the AD1 found fundamental principles of fairness outweighed the governing law, and Jay's egregious behavior toward Edie, required the forfeiture of rights reserved by the stipulation to share living space.
"Ex" marks the spot?
To download a copy of the Appellate Division's decision, please use this link: Weiner v. Weiner