Marley v. Marley
| Decision Date | 22 May 2013 |
| Parties | Bruce MARLEY, respondent, v. Barbara MARLEY, appellant. |
| Court | New York Supreme Court — Appellate Division |
106 A.D.3d 961
965 N.Y.S.2d 375
2013 N.Y. Slip Op. 03642
Bruce MARLEY, respondent,
v.
Barbara MARLEY, appellant.
Supreme Court, Appellate Division, Second Department, New York.
May 22, 2013.
Annette G. Hasapidis, South Salem, N.Y., for appellant.
Barbara J. Strauss, Goshen, N.Y., for respondent.
[106 A.D.3d 962]In an action for a divorce and ancillary relief, the defendant appeals, as limited by her brief, from stated portions of an amended judgment of the Supreme Court, Orange County (Marx, J.), dated February 14, 2011, which, upon a decision of the same court (Onofry, J.), dated January 15, 2011, made after a nonjury trial, inter alia, directed the plaintiff to pay her maintenance in the sum of only $500 per week until the earlier of her attaining the age of 62, her retirement, her remarriage, or her death.
ORDERED that the amended judgment is modified, on the facts and in the exercise of discretion, by deleting the provision thereof directing the plaintiff to pay the defendant maintenance in the sum of $500 per week until the earlier of the defendant's attaining the age of 62, her retirement, her remarriage, or her death, and substituting therefor a provision directing the plaintiff to pay the defendant maintenance in the sum of $500 per week until the earlier of the defendant's attaining the age of 66, the plaintiff's retirement, the defendant's remarriage, or the defendant's death; as so modified, the amended judgment is affirmed insofar as appealed from, with costs to the defendant.
“[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” ( Siskind v. Siskind, 89 A.D.3d 832, 833, 933 N.Y.S.2d 60 [internal quotation marks omitted] ). In determining the amount and duration of an award of maintenance, the Supreme Court “must consider the factors enumerated in Domestic Relations Law § 236(B)(6)(a), which include the predivorce standard of living of the parties, the income and property of the parties, the equitable distribution of marital property, the duration of the marriage,
the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, and the reduced or lost earning capacity of the party seeking maintenance” ( Giokas v. Giokas, 73 A.D.3d 688, 689, 900 N.Y.S.2d 370;see Hartog v. Hartog, 85 N.Y.2d 36, 51–52, 623 N.Y.S.2d 537, 647 N.E.2d 749;Siskind v....
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