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Matrimonial Appeal Victory

July 21, 2010

 

We are proud of our recent victory in an appeal brought before the Appellate Division.

In this matrimonial action, the lower court found that the appellant wife had wastefully dissipated over $200,000.00 in marital funds, which she conceded having spent paying maintenance expenses of the marital residence during the years between the commencement of the marital action and the trial. The lower court directed that she reimburse her former spouse for the alleged waste of marital funds.

The wife retained our services to appeal this Divorce Judgment on her behalf. We argued on appeal to the Appellate Division, among other things, that the appellant wife’s use of marital assets to pay the maintenance fees for the cooperative apartment (which had been the marital residence) did not constitute a wasteful dissipation of marital assets and that she was in fact entitled to reimbursement from her spouse for paying his share of the maintenance expenses of the marital asset.

The Appellate Division agreed with our arguments, modified the Divorce Judgment accordingly and remitted the matter back to the lower court to reduce the money judgment awarded to the husband after determining how much of the marital funds expended by her were used for maintenance expenses pertaining to the marital residence. The lower Court was directed to reduce the approximately $100,000.00 previously awarded to the husband for marital funds dissipated by the wife by an amount equal to one half of those maintenance expenses, and to amend the Divorce Judgment accordingly.

 

 

 

 

 

 

Prior results do not guarantee a similar outcome. All information posted is general advice only, based upon the rules of NYS, and is not intended to be a substitute for personal legal advice. Although information provided here was accurate as of the date of posting, laws change frequently and rules in other jurisdictions may differ. Therefore, readers should not rely upon these postings but should consult an attorney to discuss their specific factual situation.

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