Articles Posted in Spousal Maintenance

The following questions are examples of frequently asked questions during a consultation as it relates to contested divorces for parties with children. These are typically the topics that cover most contested divorce proceedings with children.

Divorces for people with children:

  1. How long do Contested Divorces usually take?

In many marriages, one spouse earns the majority of the couple’s income. As such, if a couple with dissimilar incomes decides to seek a divorce, the court may find it appropriate to grant the lesser-earning spouse maintenance. The courts do not merely rely on the parties’ assertions when considering whether to grant maintenance, and if so, in what amount, but will consider other factors as well. Recently, a New York court discussed maintenance awards in a matter in which the husband argued that the court abused its discretion in granting the wife nondurational maintenance. If you have questions regarding the financial impact of divorce, it is smart to speak to a New York divorce lawyer to address your concerns.

The Facts of the Case

It is reported that the husband and the wife married in 1985 and had four children. In November 2012, the wife instituted a divorce proceeding. When the trial was underway, the parties entered into a stipulation that resolved the issues of counsel and professional fees, separate property, and equitable distribution. The court subsequently issued a decision that imputed an annual income of $800,000 to the husband and approximately $62,000 to the wife.  It also entered a judgment of divorce that incorporated the stipulation of settlement agreed upon by the husband and the wife and granted the wife nondurational maintenance in the amount of $25,000 each month for five years, then $20,000 per month for an additional five years, and then $12,000 per month until either party died or the wife remarried. Both parties appealed.

Determination of Maintenance Awards

One of the issues on appeal was whether the trial court providently exercised its discretion in granting the wife nondurational maintenance. In assessing a party’s maintenance obligation, a court does not have to rely on the party’s own report of their finances but may impute income based on established future potential earnings or past income. It may also impute income to a person based on their future earning capacity, employment history, money received from friends and family, and educational background. Continue reading

Typically, people marry with the intent to stay together for the rest of their lives. Many marriages are short-lived, though, and last only a few months or years. Simply because a marriage does not endure for a long time does not mean that either spouse is immune from support obligations, however. This was demonstrated in a recent New York ruling in which the court rejected the assertion that a husband should no longer be required to pay pendente lite support for a marriage that lasted 16 months. If you wish to seek a divorce, it is smart to speak to a New York divorce lawyer to determine how your decision may impact you financially.

Procedural History of the Case

Allegedly, the husband and the wife married in February 2017. The couple had one child during their marriage, and the husband filed for divorce in August 2019. Resolution of the matter was delayed extensively, in part due to the husband’s failure to comply with court orders or engage in discovery and his failure to appear for hearings.

It is reported that in April 2021, the husband filed a motion asking the court to vacate a December 2020 order that required him to pay spousal maintenance, arguing that as the couple was only married for 16 months, he should not be compelled to pay pendente lite spousal maintenance 26 months after he filed for divorce. The court ultimately rejected the husband’s reasoning and denied his motion. Continue reading

It is not uncommon for one spouse to be the primary income earner while the other spouse is tasked with taking care of the home and raising the children. When couples with disparate incomes divorce, the courts will often grant temporary or permanent spousal maintenance to the party with a lesser income. Simply because a party does not agree with a court’s determination with regard to spousal support does not mean such a ruling should be overturned. This was illustrated in a recent opinion issued in a New York divorce case, in which the court explained its reasoning for denying a husband’s appeal of orders granting temporary and durational maintenance. If you intend to end your marriage, it is important to understand how the decision may impact you financially, and you should speak to a New York divorce lawyer to discuss your options.

The Procedural History of the Case

It is alleged that the parties married in 1994 and had three children. In 2018, the wife filed a divorce action, after which the husband left the marital home. The two children who were minors remained in the wife’s care. The wife then moved for numerous types of temporary relief, which resulted in the court issuing an order in which it directed the husband to pay temporary spousal maintenance and child support.

Reportedly, following a motion filed by the husband, the court issued a second order that altered the terms of the first and directed the husband to pay half of the costs of carrying the marital home. The parties entered into an agreement on certain issues, and the case proceeded to trial to resolve the remaining disputes. The court issued a judgment of divorce and granted the wife spousal maintenance for a period of nine years. The husband appealed. Continue reading

In many marriages, one spouse will earn substantially more than the other, causing a disparity in income. Thus, in many cases in which spouses do not earn similar wages, the courts will order the higher-earning spouse to pay spousal maintenance. Recently, a New York appellate court discussed the factors weighed in determining whether maintenance should be paid, in a case in which the plaintiff alleged the trial court awarded an inappropriate amount. If you and your spouse earn unequal wages and you are considering filing for divorce, it is wise to consult a knowledgeable New York family law attorney to discuss whether a court is likely to impose a spousal maintenance obligation.

Factual and Procedural Background of the Case

It is reported that the husband and the wife married in 1986. During the course of the marriage, the husband, who is a dentist, opened a dental practice. The wife worked at the practice as a hygienist for most of the marriage. The couple also formed an LLC to purchased commercial real estate. In March 2009, however, the wife filed a divorce lawsuit. A bench trial was ultimately held on the issues of spousal maintenance and the equitable distribution of marital property. At the conclusion, the court granted the wife spousal maintenance in the amount of $50.00 per week, from the date the action was instituted until March 2014, and divided the couple’s property.

Allegedly, the wife subsequently filed a motion to set aside the parts of the court’s decision pertaining to spousal support. The court denied the motion on the grounds that the majority of the arguments in the motion relied on evidence not introduced at trial. The wife then appealed.

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