Williams v. Williams

• Decision Date: 18 October 2012
• Citation: 99 A.D.3d 1094,952 N.Y.S.2d 662,2012 N.Y. Slip Op. 07024
• Parties: Lisa M. WILLIAMS, Respondent, v. Paul T. WILLIAMS, Appellant.
• Court: New York Supreme Court — Appellate Division

99 A.D.3d 1094
952 N.Y.S.2d 662
2012 N.Y. Slip Op. 07024

Lisa M. WILLIAMS, Respondent,
v.
Paul T. WILLIAMS, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Oct. 18, 2012.

[952 N.Y.S.2d 663]

Shanley Law Firm, PC, Troy (Terence E. Shanley of counsel), for appellant.

O'Brien & Associates, Albany (Kevin L. O'Brien of counsel), for respondent.

Before: MERCURE, J.P., ROSE, SPAIN, MALONE JR. and GARRY, JJ.

GARRY, J.

[99 A.D.3d 1095]Appeal from a judgment of the Supreme Court (Brown, J.H.O.), entered June 6, 2011 in Saratoga County, ordering, among other things, equitable distribution of the

[952 N.Y.S.2d 664]

parties' marital property and maintenance to plaintiff, upon a decision of the court.

The parties were married in 1981 and have two adult children. Defendant (hereinafter the husband) left the marital residence in 2007, commenced an action for divorce in 2008 and discontinued it six months later. As part of the stipulation of discontinuance, he agreed to pay certain living expenses on behalf of plaintiff (hereinafter the wife) totaling approximately $2,400 per month. In 2009, the wife commenced this matrimonial action on the ground of abandonment. After joining issue, the husband stipulated to withdraw his answer and allow the wife to obtain an uncontested judgment of divorce. Following a nonjury trial on the issues of maintenance, equitable distribution and counsel fees, Supreme Court, among other things, granted the wife a judgment of divorce, ordered the husband to pay $2,500 monthly in maintenance for six years, awarded the wife 50% of the marital portion of husband's pension and retirement plans and directed him to pay approximately $17,000 for the wife's counsel fees. The husband appeals.

Initially, we reject the husband's challenge to the maintenance award. Maintenance is properly awarded where “the marriage is of long duration, the recipient spouse has been out of the work force for a number of years [and] has sacrificed her or his own career development or has made substantial noneconomic contributions to the household or to the career of the payor” ( Ndulo v. Ndulo, 66 A.D.3d 1263, 1265, 888 N.Y.S.2d 236 [2009];accord O'Connor v. O'Connor, 91 A.D.3d 1107, 1108, 937 N.Y.S.2d 355 [2012] ). Here, the husband has a Master's degree, worked full time throughout the parties' 29–year marriage and, at the time of trial, was employed as an engineer with an annual salary of approximately $120,000. The wife has a high school education, worked as a secretary until the birth of the parties' first child in 1981 and thereafter raised the parties' children at home until 1994, when she took a part-time position as a teacher's assistant. In 2004, she began working full time in that role and, at the time of trial, was earning an annual salary of approximately $15,000.

The husband challenges the amount and duration of the award, noting that the purpose of maintenance is generally “to provide temporary support while the recipient develops the skills or experience necessary to become self-sufficient” ( Semans v. Semans, 199 A.D.2d 790, 791, 605 N.Y.S.2d 510 [1993],lv. denied[99 A.D.3d 1096]83 N.Y.2d 758, 615 N.Y.S.2d 875...