N.Y. Laws » CHAPTER Domestic Relations / ARTICLE Provisions Applicable to More Than One Type of Matrimonial Action
New York Consolidated Laws

N.Y. Domestic Relations Law § 248 (2026)

Modification of judgment or order in action for divorce or annulment

✓ text as retrieved May 2026 (this copy records no edition or section history)
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§ 248. Modification of judgment or order in action for divorce or
annulment. Where an action for divorce or for annulment or for a
declaration of the nullity of a void marriage is brought by a spouse,
and a final judgment of divorce or a final judgment annulling the
marriage or declaring its nullity has been rendered, the court, by order
upon the application of the payor on notice, and on proof of the
marriage of the payee after such final judgment, must modify such final
judgment and any orders made with respect thereto by annulling the
provisions of such final judgment or orders, or of both, directing
payments of money for the support of the payee. The court in its
discretion upon application of the payor on notice, upon proof that the
payee is habitually living with another person and holding himself or
herself out as the spouse of such other person, although not married to
such other person, may modify such final judgment and any orders made
with respect thereto by annulling the provisions of such final judgment
or orders or of both, directing payment of money for the support of such
payee.
Notes of Decisions
Cited in 71 cases (4 in the last 5 years), 1983–2026 · leading case: Bliss v. Bliss, 488 N.E.2d 90 (N.Y. 1985).
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Bliss v. Bliss, 488 N.E.2d 90 (N.Y. 1985). · cites it 8× “A former husband who seeks to terminate his support obligations pursuant to Domestic Relations Law § 248 by alleging that his former wife is cohabiting with another man must demonstrate both cohabitation and conduct by the former wife amounting to a "holding out” that she is…”
Graev v. Graev, 898 N.E.2d 909 (N.Y. 2008). · cites it 8× “” The court also adverted to Matter of Watson v Watson ( 39 AD2d 660 [1st Dept 1972] [intermittent intimacy with the same male does not fulfill the requirements of Domestic Relations Law § 248]); Olstein v Olstein ( 309 AD2d 697, 698, 699 [1st Dept 2003] [ex-wife “resid(ed) .”
D'Iorio v. D'Iorio, 135 A.D.3d 693 (N.Y. App. Div. 2d Dep't 2016). · cites it 2× “The court fixed the duration of maintenance at eight years, retroactive to December 1, 2010, unless terminated earlier pursuant to Domestic Relations Law § 248 by the defendant’s remarriage or cohabitation, or upon the death of either party (see Carroll v Carroll, 125 AD3d at…”
Sevdinoglou v. Sevdinoglou, 40 A.D.3d 959 (N.Y. App. Div. 2d Dep't 2007). · cites it 3× “), entered September 22, 2005, as, after a nonjury trial and upon an order of the same court dated February 10, 2005, inter alia, awarded the plaintiff maintenance in the sum of $2,225 per month for 36 months or until the plaintiffs death, remarriage, or cohabitation with a…”
Gillman v. Gillman, 139 A.D.3d 667 (N.Y. App. Div. 2d Dep't 2016). · cites it 2× “the provision thereof awarding child support, (2) by deleting the provision thereof directing the defendant to pay maintenance until the plaintiff reaches the age of 60, and substituting therefor a provision directing the defendant to pay maintenance until the earliest of the…”
Brown v. Brown, 122 A.D.2d 762 (N.Y. App. Div. 2d Dep't 1986). · cites it 5× “In his dissent in Northrup v Northrup ( 43 NY2d 566, 572 ), Chief Judge Wachtler characterized his colleagues’ interpretation of Domestic Relations Law § 248 as "narrow, technical and unrealistic” and criticized a statutory loophole which permitted a former wife to continue to…”
Karl v. Karl, 138 A.D.2d 354 (N.Y. App. Div. 2d Dep't 1988). · cites it 6× “The husband sought an order pursuant to Domestic Relations Law § 248 terminating his obligation to pay alimony to the wife based on the claim that she was living with another man and holding herself out as his wife.”
Mastrocovo v. Capizzi, 87 A.D.3d 1296 (N.Y. App. Div. 4th Dep't 2011). · cites it 4× “The parties’ property settlement agreement (agreement), which was incorporated but not merged into the judgment of divorce, required defendant to pay maintenance of $1,000 per month for A1/2 years or until “the death of either party, remarriage of the wife or the continued…”
Lefkon v. Drubin, 143 A.D.2d 400 (N.Y. App. Div. 2d Dep't 1988). · cites it 5× “In his dissent in Northrup v Northrup ( 43 NY2d 566, 572 ), Judge Wachtler characterized his colleagues’ interpretation of Domestic Relations Law § 248 as "narrow, technical and unrealistic” and criticized a statutory loophole which permitted a former wife to continue to collect…”
Campello v. Alexandre, 155 A.D.3d 1381 (N.Y. App. Div. 3d Dep't 2017). · cites it 2× “The parties’ stipulation of settlement provides that the husband’s maintenance obligation will terminate when two conditions are both satisfied: the wife must cohabit “permanently]” with a man who is not her spouse, and she and this individual must hold themselves out to be…”
Stricos v. Stricos, 263 A.D.2d 659 (N.Y. App. Div. 3d Dep't 1999). “r while plaintiff maintained the household and *661 was the primary caregiver to the children, Supreme Court essentially divided the marital estate equally and granted plaintiff exclusive use and occupancy of the marital residence until the youngest child reaches 21 years of age…”
Lancaster v. Lancaster, 141 A.D.2d 701 (N.Y. App. Div. 2d Dep't 1988). · cites it 4× “Hoech, but that she was “holding herself out as his wife” (Domestic Relations Law § 248), the Supreme Court did not have the discretion pursuant to Domestic Relations Law §248 to modify or annul the defendant’s alimony obligation (see, Matter of Bliss v Bliss, supra).”
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