DURATION OF SPOUSAL MAINTENANCE

If it was a 27 year marriage, how many years should spousal maintenance last?

Beyel v Beyel, 2019 NY Slip Op 05102, Decided on June 26, 2019, Appellate Division, Second Department:

"The amount and duration of maintenance is committed to the sound discretion of the trial court, and each case is to be decided on its own unique facts (see Carr-Harris v Carr-Harris, 98 AD3d 548, 551; Wortman v Wortman, 11 AD3d 604, 606; Mazzone v Mazzone, 290 AD2d 495, 496). A court is required to consider the statutory factors set forth in Domestic Relations Law former § 236(B)(6)(a) (see Shortis v Shortis, 274 AD2d 880; Mulverhill v Mulverhill, 268 AD2d 948). "Factors to be considered include the standard of living of the parties during the marriage, the income and property of the parties, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance'" (Nadasi v Nadel-Nadasi, 153 AD3d 1346, 1350, quoting Repetti v Repetti, 147 AD3d 1094, 1096-1097).

Here, the Supreme Court awarded the plaintiff maintenance in the sum of $3,000 per month for 7 years. The court providently exercised its discretion in setting the monthly amount of the maintenance award. However, given the circumstances of this case, including the 27-year length of marriage, the plaintiff's age at the time of the trial, the fact that the plaintiff has had limited full-time work experience, and the disparity in the parties' respective incomes and education levels, the [*2]court improvidently exercised its discretion with respect to the duration of maintenance. Therefore, we increase the duration of maintenance from 7 years to 10½ years, with such maintenance obligation terminating upon the plaintiff's remarriage or the death of either party (see Nadasi v Nadel-Nadasi, 153 AD3d 1346; Repetti v Repetti, 147 AD3d 1094; Hannan v Hannan, 116 AD3d 660; Krolikowski v Krolikowski, 110 AD3d 1449)."