Vanderkloot v. Vanderkloot
| Decision Date | 18 February 1971 |
| Citation | 318 N.Y.S.2d 411,36 A.D.2d 594 |
| Parties | Terry L. VANDERKLOOT, Plaintiff-Respondent, v. James M. VANDERKLOOT, Defendant-Appellant. |
| Court | New York Supreme Court — Appellate Division |
R. H. Wels, New York City, for plaintiff-respondent.
A. A. Maurino, New York City, for defendant-appellant.
Before NUNEZ, J.P., and KUPFERMAN, McNALLY and STEUER, JJ.
Order, Supreme Court, New York County, entered on September 18, 1970, awarding plaintiff alimony, pendente lite, and support for the infant child, and counsel fees, unanimously modified, on the facts and the law, to the extent of reducing the amount awarded for alimony and support to $275 a week, effective on the date of publication of this decision, and reducing counsel fees to the sum of $2,750 and otherwise affirmed without costs and without disbursements. Considering among other factors, the short duration of this marriage of approximately one year, we deem the award to be excessive. In the absence of special circumstances, a former matrimonial standard of living based on capital expenditures is not a proper basis for alimony. Orenstein v. Orenstein, 26 A.D.2d 928, 275 N.Y.S.2d 33.
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Kay v. Kay
...is not necessarily entitled to maintain such a standard of living after divorce. (Orenstein v. Orenstein, supra; Vanderkloot v. Vanderkloot, 36 A.D.2d 594, 318 N.Y.S.2d 411; Berlin v. Berlin, 36 A.D.2d 763, 321 N.Y.S.2d 511.) The husband's means allow maintenance of the marital standard, wh......
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