Harness v. Harness

• Court: New York Supreme Court — Appellate Division
• Citation: Harness v. Harness, 472 N.Y.S.2d 234, 99 A.D.2d 658 (N.Y. App. Div. 1984)
• Decision Date: 27 January 1984
• Parties: Susanne HARNESS, Respondent, v. Christopher M. HARNESS, Appellant.

Page 234

472 N.Y.S.2d 234

99 A.D.2d 658

Susanne HARNESS, Respondent, v. Christopher M. HARNESS, Appellant.

Supreme Court, Appellate Division Fourth Department.

Jan. 27, 1984.

Joan de R. O'Byrne, Rochester, for appellant.

Gerald Manioci, Rochester, for respondent.

Before DILLON, P.J., and BOOMER, GREEN, O'DONNELL, SCHNEPP, JJ.

MEMORANDUM:

The parties were married in October 1971 and separated in June 1981. Plaintiff wife was granted a judgment of divorce based upon defendant's cruel and inhuman treatment.

Defendant's appeal relates only to the trial court's distribution of marital property and its award of maintenance to plaintiff. His argument that the court erred in finding that the marriage was one of "equal partnership" is without merit. Although defendant's financial contribution to the marital property was greater than plaintiff's, the trial court properly concluded that the wife's contribution of her homemaking services, as well as her financial contribution, entitled her to an equal part of the marital property (Domestic Relations Law, § 236, part B, subd. 5, pars. c, d; Forcucci v. Forcucci, 83 A.D.2d 169, 443 N.Y.S.2d 1013; cf. Kobylack v. Kobylack, 110 Misc.2d 402, 442 N.Y.S.2d 392, mod 96 A.D.2d 831, 465 N.Y.S.2d 581).

The judgment must be modified, however, with respect to the award of maintenance. The court directed that defendant pay to plaintiff the sum of $100 per week for a period of four years, commencing retroactively from the date of the parties' separation. Plaintiff first requested an award of maintenance in her summons and complaint, and the judgment is modified to make the award retroactive only to the date of commencement of the action (Abrusci v. Abrusci, 79 A.D.2d 980, 434 N.Y.S.2d 722; see Domestic Relations Law, § 236, part B, subd. 6, par. a). Additionally, we find that the maintenance award in the amount of $100 per week for four years was proper in amount but excessive in duration. At the time of trial plaintiff was employed at a weekly salary of $259 and was then in a training program intended to enhance her prospects of increasing her income. She was, however, in debt in the sum of $6,000 which she borrowed from her parents in order to support herself during the period of her earlier unemployment. Taking into consideration her indebtedness and her future capacity to be self-supporting (see Domestic Relations Law, § 236, part B, subd. 6, par. a, cl. [3] ), an award of maintenance for a reasonable period of...