The Phillip J. Jusino Blog: Divorce Lawyer Cases from Suffolk County
In one of my recent matrimonial cases before Justice Bivona in the Supreme Court of the State of New York, County of Suffolk, I had represented a husband in a five year marriage earning in excess of $60,000.00 per year with his wife earning approximately $15,000.00. The couple have no children in common.
Early in the litigation the wife's attorney brought a pendente lite motion seeking spousal maintenance in excess of $1,500.00 per month, health insurance coverage for the wife, and attorney's fees in the sum of $7,500.00.
In response thereto I argued that the parties' marriage was of an extremely short duration. In fact, the parties' did not live together for the entire five years. Additionally, the marriage produced no children and the wife continued to work during the marriage as she had done prior to the marriage.
Justice Bivona decided the pendente lite motion by awarding the wife $75.00 per week for spousal maintenance during the pendency of the action, which was $1,185.50 per month less than what the wife had requested in her pendente lite motion.
With respect to counsel fees, although the wife had requested $7,500.00 as and for a legal fees award, the Court only awarded her $1,500.00 payable in monthly installments.
With respect to health insurance coverage for the wife, the husband was ordered to reinstate and keep in full force and effect a policy for the wife during the pendency of the action.
It is important to note that when the law changed on October 12, 2010 it virtually eliminated the grounds requirement to obtain a divorce here in the State of New York. It also put into place a maintenance formula more generous than that which had previously existed.
Nevertheless, given the facts and circumstances of this case, I successfully opposed the wife's motion with my client only being ordered to pay a fraction of what the wife had requested in her pendente lite motion.
It is important to note that no two cases are identical and each case has its own unique fact pattern which must be analyzed by each attorney and ultimately decided upon by the Justice presiding over the matter.
In other cases where I represented the wife where there was a long duration marriage with children and where the wife had been a stay at home mom for a period of time, I was able to secure significant spousal maintenance awards, including child support, and attorney's fees because, in those cases, they were warranted.
Early in the litigation the wife's attorney brought a pendente lite motion seeking spousal maintenance in excess of $1,500.00 per month, health insurance coverage for the wife, and attorney's fees in the sum of $7,500.00.
In response thereto I argued that the parties' marriage was of an extremely short duration. In fact, the parties' did not live together for the entire five years. Additionally, the marriage produced no children and the wife continued to work during the marriage as she had done prior to the marriage.
Justice Bivona decided the pendente lite motion by awarding the wife $75.00 per week for spousal maintenance during the pendency of the action, which was $1,185.50 per month less than what the wife had requested in her pendente lite motion.
With respect to counsel fees, although the wife had requested $7,500.00 as and for a legal fees award, the Court only awarded her $1,500.00 payable in monthly installments.
With respect to health insurance coverage for the wife, the husband was ordered to reinstate and keep in full force and effect a policy for the wife during the pendency of the action.
It is important to note that when the law changed on October 12, 2010 it virtually eliminated the grounds requirement to obtain a divorce here in the State of New York. It also put into place a maintenance formula more generous than that which had previously existed.
Nevertheless, given the facts and circumstances of this case, I successfully opposed the wife's motion with my client only being ordered to pay a fraction of what the wife had requested in her pendente lite motion.
It is important to note that no two cases are identical and each case has its own unique fact pattern which must be analyzed by each attorney and ultimately decided upon by the Justice presiding over the matter.
In other cases where I represented the wife where there was a long duration marriage with children and where the wife had been a stay at home mom for a period of time, I was able to secure significant spousal maintenance awards, including child support, and attorney's fees because, in those cases, they were warranted.
