Panel Clarifies Formula in Spousal Maintenance

, New York Law Journal


A Bronx judge erred in applying the presumptive formula for spousal maintenance in a divorce case where the parties continued to live together and have shared carrying costs, a unanimous Appellate Division, First Department panel ruled on Tuesday.

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What's being said

  • DSK

    Once again, we are all left to play the guessing game as to when the presumptive award should apply. This is going to propel attorneys to tell their non-moneyed clients to go out and rent their own homes, thus allowing the presumptive formula to kick in fully and act as a disincentive to the non-moneyed spouse to settle.

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