A divorced husband does not have to make continued payments to his ex-wife under a separation agreement after she tried to kill him with a hatchet. Mark Schenkman was granted sole legal and physical custody of his four children in a 2013 divorce judgment. Other issues, including alimony, child support and the division of assets were resolved in a separation agreement that was incorporated into a judgment of divorce. The separation agreement required Schenkman to pay his ex-wife, Julie Rabinowitz $212,000 over five years in equal monthly payments. A life insurance policy provided funds to Rabinowitz in the event of Schenkman’s death.
Schenkman made payments for seventeen months, through Aug. 1, 2015. Later that month, Rabinowitz attacked Schenkman with a hatchet outside his dental practice. In the pandemonium of the attack, Rabinowitz accused Schenkman of ruining her “reunification plans” that were “in the works’ for the children. She pleaded guilty in December 2015 to charges that included armed assault with intent to murder.
Rabinowitz filed an action for breach of contract in Massachusetts Superior Court. The judge ruled that Schenkman wasn’t obligated to make payments under the contract because Rabinowitz violated the covenant of good faith and fair dealing that applies to separation agreements. On appeal, the Massachusetts Appeals Court upheld the judge by ruling that a fact finder could conclude from this evidence that the wife tried to thwart the consequences of the separation agreement by killing the husband, accelerating the property division through the life insurance policy, and obtaining custody of the children. Such precipitous and violent conduct could be viewed as a breach of the implied covenant of good faith and fair dealing.
For advice on New York divorce and separation, call or text experienced Divorce attorneys Friedman & Ranzenhofer at (585) 484-7432