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BURNS v. BURNS

399 CA 17-01854.

163 A.D.3d 210 (2018)

81 N.Y.S.3d 846

2018 NY Slip Op 05411

ELEANOR McQUILKIN BURNS, Appellant, v. ANDREW McINTOSH BURNS, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 25, 2018.

Attorney(s) appearing for the Case

Barney & Affronti, LLP, Rochester (Francis C. Affronti of counsel), for appellant.

Burns & Schultz LLP, Pittsford (Andrew M. Burns of counsel), for respondent.

CENTRA, J.P., CURRAN and TROUTMAN, JJ., concur.

OPINION OF THE COURT

According to the Domestic Relations Law and its commonlaw antecedents, the concept of spousal maintenance is limited to payments made to an unmarried ex-spouse. If divorcing spouses wish to vary this definition and provide for post-remarriage maintenance, they must do so clearly and unambiguously. In this...

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