Thursday, April 21, 2016

NO MAINTENANCE IN LONG TERM MARRIAGE



Yes that is from a real movie and this is from a real case. Even though the marriage lasted for almost 40 years, there are some circumstances where maintenance will not be awarded (here I would assume that the equitable distribution was large and that husband's income did not expect to be a significant amount):

Diwan v. Diwan, 2016 NY Slip Op 327 - NY: Appellate Div., 2nd Dept. 2016:

 "The parties were married in 1973 and, in 2011, the plaintiff commenced this action for a divorce and ancillary relief. On January 24, 2014, after a nonjury trial, the Supreme Court entered a judgment of divorce awarding the plaintiff one half of the marital assets and the sum of $60,000 in attorney's fees and costs. The Supreme Court declined to award the plaintiff maintenance....

......

In a matrimonial action, "the court may order maintenance in such amount as justice requires" (Domestic Relations Law § 236[6]). The amount and duration of spousal maintenance is committed to the sound discretion of the trial court, and each case is to be decided on its own unique facts (see Lamparillo v Lamparillo, 130 AD3d 580, 581; Heydt-Benjamin v Heydt-Benjamin, 127 AD3d 814, 815). Here, given that the plaintiff was already receiving Social Security retirement benefits and would receive a substantial distributive award, the Supreme Court did not improvidently exercise its discretion in declining to award the plaintiff maintenance (see Domestic Relations Law § 236[6]; Filippazzo v Filippazzo, 121 AD3d 835, 835-836; Signorile v Signorile, 102 AD3d 949, 951).

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