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Husband Denied Temporary Spousal Maintenance

father's rights advocate in New YorkIn a recent case before Justice Jeffrey Goodstein pending in a Supreme Court Divorce Part in Nassau County, New York, a husband sought a temporary spousal maintenance (alimony) award from his wife.  He asserted that he had had discussions with the wife.  As a result of these discussions he retired and closed his armored car company.  He claimed he had not earned any income since 2010.

Justice Jeffrey Goodstein in his decision regarding the husband’s motion stated there were no claims concerning the husband being disabled or any explanation as to why he was no longer able to find employment.  Justice Goodstein suggested the husband should have looked for a job prior to bringing the application for spousal maintenance.

The wife argued in this case the husband was supporting himself, his girlfriend and in addition, his parents.  She therefore claimed the husband’s application for spousal maintenance from her should be denied.

Husband Supported Parties During The Marriage

Judge Goodstein found the pre-separation standard of living of the parties to the marriage was funded by the husband.  He had been earning more than one million dollars a year.  The husband had stated in his moving papers he wanted the wife to work because he felt it was important she develop a work ethic.  Justice Goodstein’s decision stated the husband’s retirement was a lifestyle choice and the husband had no real need for receiving funds from the wife.  Justice Goodstein found if he granted the husband’s application for maintenance it would serve as a disincentive for non-monied spouses to make any effort to earn independent income after a marriage failed.  Justice Goodstein therefore imputed $300,000 to the husband based on his prior earning capacity.  Based on this imputed income, Justice Goodstein found the husband was not entitled to a temporary maintenance award.  He found the husband was the more monied spouse and not entitled to any spousal maintenance whatsoever.

Conclusion

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About Elliot S. Schlissel

Elliot S. Schlissel, Esq. has spent more that 30 years representing individuals in matrimonial and family law cases.