Section 248. Modification of judgment or order in action for divorce or annulment  


Latest version.
  • Where an action  for  divorce  or  for  annulment  or  for  a
      declaration of the nullity of a void marriage is brought by a husband or
      wife,  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 husband on  notice,  and  on  proof  of  the
      marriage  of  the wife 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  wife.  The  court  in  its
      discretion  upon  application  of the husband on notice, upon proof that
      the wife is habitually living with another man and holding  herself  out
      as  his  wife,  although  not married to such man, 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 wife.