Costantino v. Costantino
| Decision Date | 18 March 1996 |
| Citation | 639 N.Y.S.2d 472,225 A.D.2d 651 |
| Parties | Anna Faye COSTANTINO, Respondent, v. Thomas COSTANTINO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Bruce G. Behrins & Associates, Staten Island (Bruce G. Behrins, of counsel; Tammy A. Delile on the brief), for appellant.
Larry M. Carlin, New York City (Diane Donato, on the brief), for respondent.
Before BRACKEN, J.P., and SULLIVAN, SANTUCCI and KRAUSMAN, JJ.
MEMORANDUM BY THE COURT.
In an action for a divorce and ancillary relief, the husband appeals from so much of a judgment of the Supreme Court, Richmond County (Marrero, J.), dated September 2 1994, as, after a nonjury trial, directed him to pay the wife maintenance in the amount of $5,341 per month until the death of either party or the remarriage of the wife.
ORDERED that the judgment is affirmed insofar as appealed from, with costs.
The husband contends that the court erred in awarding the wife permanent maintenance in light of the equitable distribution she received pursuant to their separation agreement. We disagree.
The amount and duration of maintenance is a matter committed to the sound discretion of the trial court (see, Gulotta v. Gulotta, 215 A.D.2d 724, 627 N.Y.S.2d 428; Feldman v. Feldman, 194 A.D.2d 207, 217-218, 605 N.Y.S.2d 777; Sperling v. Sperling, 165 A.D.2d 338, 341, 567 N.Y.S.2d 538). The wife, who was 51 years old at the time of trial in 1994, spent the bulk of the parties' 29 years of marriage tending to the children and the maintenance of their home. Apart from working as a secretary or as a clerical worker during the first five years of their marriage while the husband was completing medical school and a fellowship, the wife did not have other substantial or gainful employment. Her age and her limited skills, as well as the passage of more than 20 years since she left the job market, make it highly unlikely that the wife would find employment that would permit her to be self-supporting and enjoy the standard of living she had enjoyed during the marriage (see, Liadis v. Liadis, 207 A.D.2d 331, 615 N.Y.S.2d 409; Phillips v. Phillips, 182 A.D.2d 746, 747, 582 N.Y.S.2d 743; Sperling v. Sperling, 165 A.D.2d 338, 341-342, 567 N.Y.S.2d 538).
Further, the husband, who is a cardiologist and a partner in a cardiology firm, did not dispute that he can afford the maintenance payments. His only argument concerning the nondurational aspect of the award is that he may not be able to afford the...
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