- 3 -
included a provision for conditional joint use and possession of
the marital residence. The Agreement granted Leslie Benham, upon
10 days' notice to petitioner, exclusive use of the residence.
The Agreement also provided for an "alimony" payment of $2,000 a
month to Leslie Benham, "contingent on her death", and a payment
by petitioner of $700 a month in child support, both beginning
July 15, 1994. The Agreement went on to provide, in addition,
that petitioner would pay property taxes and insurance for the
marital residence and that Leslie Benham would be responsible for
paying the utility bills and would pay the monthly mortgage
beginning with the amount due in August of 1994.
During the interim between the filing of the divorce action
in May and the signing of the Agreement in July of 1994,
petitioner and Leslie Benham discussed attempting to reconcile
their marriage. As an aid to their reconciliation efforts,
petitioner and Leslie Benham signed an agreement on July 15,
1994, in which they both waived the defense of condonation "in
this action or any subsequent action" except upon future notice.
The condonation agreement provided that it was not to be deemed
"a termination of any separation of the parties."
Petitioner remained in the family residence throughout 1994
and most of 1995. During that time there were several periods of
reconciliation followed by estrangement. On several occasions,
Leslie Benham asked petitioner to vacate the marital residence.
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011