Wednesday, March 13, 2013

Marital property and maintenance awards.

Practice point: The trial court is vested with broad discretion in making an equitable distribution of marital property, and unless it can be shown that the court improvidently exercised that discretion, its determination should not be disturbed.

Student note:The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting. The mere fact, however, that a party has the ability to become self-supporting in no way obviates the need for the trial court to consider the pre-divorce standard of living in determining the amount and duration of maintenance, pursuant to Domestic Relations Law § 236[B].

Case: Bloom v. Petryk-Bloom, NY Slip Op 01367(2d Dept. 2013).

Here is the decision.

Tomorrow's issue:Striking a pleading, and an inquest on damages.