The applicant brought a motion for summary judgment seeking a declaration that a 1994 cohabitation agreement was not valid in determining financial and support issues arising from the parties' final separation in 2012.
The parties had separated for more than 90 days in 1995, triggering the agreement's disposition provisions, but later reconciled, married, and cohabited until 2012.
The court held that the agreement was discharged by the triggering event in 1995 and, because it was not reinstated or amended in writing upon reconciliation, it had no application to the 2012 separation.
The applicant's motion was granted and the respondent's cross-motion to enforce the agreement was dismissed.
