- 6 - payments made pursuant to an agreement, the obligation generally terminates upon the death of either spouse, but the parties may modify or extend the duration of payments by agreement. See In re Riconda, 90 N.Y.2d 733, 736-737, 688 N.E.2d 248, 250-251 (1997). The court decree provided for separate maintenance payments, and, pursuant to State law, the payments would terminate upon the death of either party, and there was no language in the incorporated agreement to provide otherwise. See N.Y. Dom. Rel. Law sec. 236B(1)(a). We conclude that the $9,600 that petitioner received from Wolf in 2002 is separate maintenance and is gross income to petitioner under section 71(a). To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7
Last modified: May 25, 2011