Stoddard v. Stoddard, 227 N. Y. 13; 124 N. E. 91.

Agreement made....................between........., hereinafter referred to as the Husband, and................, hereinafter refined to as the Wife.

Whereas the parties married on or about................

and there has been issue of such marriage, to wit:.............

born................, and................

Whereas in consequence of disputes and unhappy differences the parties have separated and now are, and for........

have been, living apart, and since their said separation have agreed to live separate and apart during their natural lives.

Now, therefore, it is agreed that in consideration of the mutual promises, agreements and covenants contained herein it is

Covenanted, promised and agreed by each party hereto, to and with the other party hereto, as follows:

1. It shall be lawful for the Wife, at all times hereafter to live separate and apart from the Husband and free from his marital control and authority, as if she were sole and unmarried, and free from any control, restraint or interference, direct or indirect, by the Husband; and it shall be lawful for the Husband at all times hereafter to live separate and apart from the Wife, at such place or places as he may from time to time choose or deem fit.

2. Neither of the parties shall molest or annoy the other, or compel or endeavor to compel the other to cohabit or dwell with him or her, by any legal or other proceedings, for restoration of conjugal rights or otherwise. Neither party hereto shall call upon or visit the other, but this agreement shall not preclude the Husband from calling at any abode of the Wife for the purpose of seeing and visiting the children.

Neither party shall communicate orally, either in person or by telephone, with the other party, without the previous express consent of such other party except concerning a serious illness of some member of the family.

4. The Husband shall, during the joint lives of himself and the Wife, so long as this agreement shall continue, pay to the

Wife, for her support and maintenance, use and benefit, $......

each month, to be paid on or before the......day of each month after the execution of this agreement. This payment shall continue so long as the Wife shall continue to observe and fulfill the provisions of this agreement, and shall remain the Wife of the Husband. The said amount shall be paid to her in addition to the payments hereinafter provided for to be made to her in consideration of her undertaking the support and maintenance of the children hereinabove named.

5. The Wife shall have the custody and control of the said children and of their education until they respectively attain the age of..................(and thereafter if no objection hereto be made by the Husband), without any interference whatever on the part of the Husband, and so long as Wife shall have custody of the children or of either of them, the Husband will pay to her in consideration of her undertaking the support and maintenance of the children $ ................ each

................for each of the children so in the custody of the Wife, which said payment shall be made on or before the ................day of each................after the execution of this agreement, and shall be in addition to the payment hereinabove provided to be made for the use and benefit of the Wife. The Wife agrees that she will, so long as she receives the payments provided for in this paragraph properly maintain, care for and educate the child or children in respect of whom said payment shall have been so made, but subject only to this agreement, she may expend the said payments in accordance with her uncontrolled discretion. The Wife will not remove or suffer to be removed the children or either of them more than ....................miles from....................without the consent of the Husband, and she will at all times afford reasonable opportunity to the Husband to visit the children, alone. After the children respectively attain the age of fourteen (14) years, they shall be at liberty to reside with either of the parties at their election. Neither of the parties shall attempt to influence either of the children unfavorably to the other party.

6. In no case or event shall the Wife or either of the Children or any representative or any of them, have any right or power to anticipate any payment or payments herein agreed to be made, or to assign or incumber in any way any rights or interests which either of them have or may have by reason of this agreement.

7. The Wife does and shall accept the provisions herein made for her in full satisfaction for her support and maintenance, and for the support and maintenance during the time herein provided for of the children, and she hereby covenants and agrees that so long as the Husband shall duly keep and perform the covenants, agreements and conditions to be kept and performed by him hereunder, she will not, at any time hereafter, contract any debts, charge or liability, whatsoever, for which the Husband or his property or estate shall or may be or become liable or answerable, and the Wife hereby covenants and agrees that she will at all times hereafter, so long as the Husband shall make the payments herein provided for, keep the Husband free and harmless from any and all debts or liabilities which may hereafter be incurred by the Wife.

8. In case the Husband shall, at any time or times hereafter, be called upon to pay or discharge, and shall in fact pay or discharge, any debt or liability heretofore or hereafter incurred, or contracted by the Wife, other than those toward the payment of which he is to contribute as provided in paragraph "13" hereof, then and in every such case it shall be lawful, for, and the right hereunder of, the Husband at his election, to deduct and retain the amount which he shall have so paid out of the sum or sums of money then due or thereafter to become due to the Wife. The Husband shall, however, pay no debt or liability without first notifying the Wife of the existence of, and giving her an opportunity to pay the same.

9. The Wife will, at any time, upon request of the Husband, join with him in the execution of any contract of sale of and deed of any real property now or at any time hereafter owned by him provided that, as to any real property now owned by him, he will at the time of the receipt in cash of the consideration therefor (or if such consideration be other than cash, then at the time that the same be converted into cash) pay to the Wife that percentage hereof which is the percentage value of an inchoate right of dower at the respective ages of the parties at the date of the delivery of the deed, such percentage value to be taken from the five per cent. table of.............or..............

10. The Husband shall cause a policy of life insurance on his life in the amount of $....................to be issued or transferred to the Wife and in her name, and he shall pay the annual premiums thereon during his life or until such time prior to his death when the said policy shall have become a policy with all premiums thereon fully paid up. He shall cause two similar policies, each in the amount of $................to be issued, one of which shall be for the benefit of each of the children above named. In the event that the Wife shall become divorced from the Husband and shall marry another person during the lifetime of the Husband, or in the event that she shall die during the lifetime of the Husband, her interest in the said insurance policy of which she is the beneficiary shall revert to the estate of the Husband. Each of the said policies of insurance for the benefit of the said children shall provide that in the event of the death of the beneficiary thereunder prior to the death of the Husband such insurance shall be paid to the survivor of said children.

11. The parties shall, at any time or times hereafter, make, execute and deliver any and all such further or other instruments, papers or things as the other of said parties shall require for the purpose of giving full effect to these presents and to the covenants, provisions and agreements hereof.

12. In the event that the Husband shall fail to keep any of the promises or agreements herein contained, the Wife shall have the right at her option either to bring an action for damages for the breach of this contract or to bring an action against the Husband for a legal separation, or for support and maintenance, and nothing herein contained shall in such event in any way, affect, abrogate, or militate against the right of the Wife under such circumstances to bring any action for separation or for the restoration of conjugal rights or for support and maintenance against the Husband.

13. In order to provide for the immediate needs and comforts of the Wife, to furnish her with a home for her present occupancy, to reimburse her for certain disbursements heretofore made by her and to provide for defraying certain obligations heretofore incurred by her, the Husband agrees: a. That he will lease to the Wife the premises (.............

.......) by a lease to be signed contemporaneously with this agreement and upon the terms and conditions therein expressed, it being, however, understood that the Husband shall have the right to collect and to be paid the monthly rental of $.........

.......therein provided for by deducting and retaining the same from the $...............which he is by this agreement obligated to pay monthly to the Wife.

b. The Husband assumes and will pay certain bills aggregating $..........heretofore contracted by the Wife a list whereof is hereto attached.

c. When the Wife shall have vacated and removed from the premises..................and shall have taken all her chattels therefrom the Husband will pay her the sum of $.....

to reimburse her in part for the expenses of packing and moving, provided that at the time of such removal she causes such property of his as shall then be in the said premises to be at her expense delivered to him or to his order at such place in.......

.........as he may then designate.

d. When the Wife shall vacate the said premises the Husband will, if the Wife so desires, purchase from her at their then actual value any chandeliers, gas logs, curtain fixtures and gas water heating appliances belonging to her which then may be therein.

e. The Husband will pay one-third of the expense not to exceed $................of a treatment for changing the configuration of the jaw and teeth, which treatment the said......

............is now undergoing, and will pay the same when the obligation to pay for the first one-third of such treatment shall accrue.

f. The Husband will provide her with funds not, however, to exceed $................ with which to pay her present obligation to her former attorney,................and with funds not, however, to exceed $................with which to pay her present obligation to her present attorneys...........

......., which funds she shall use for the purpose for which they are so provided.