New York Divorce Lawyer Blog
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