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4158. R.S., plf-res, v. B.L., def-ap — Law Offices of Annette G. Hasapidis, White Plains (Annette G. Hasapidis of counsel), for ap — Cohen Clair Lans Greifer Thorpe & Rottenstreich LLP, New York (Robert Stephan Cohen of counsel), and Michele A. Katz PLLC, New York (Michele A. Katz of counsel), for res — Judgment of divorce, Supreme Court, New York County (Ellen Gesmer, J.), entered April 15, 2015, and bringing up for review an order, same court and Justice, entered on or about January 26, 2015, which, after a nonjury trial, resolved the parties’ financial issues ancillary to the divorce, unanimously affirmed, without costs.

The parties were married in 1987, and there are two children of the marriage, born in 1994 and 1996, respectively. On or about January 4, 2012, the husband commenced this action for a divorce and ancillary relief. After a 21-day nonjury financial trial, the Supreme Court, inter alia, found that the parties’ nonretirement assets had precipitously declined by approximately $1.6 million, largely due to the wife’s lavish spending postcommencement and the parties’ legal fees. The court, inter alia, distributed the parties’ nonretirement assets, including real property and the husband’s partnership interest at his law firm, 35 percent to the wife and 65 percent to the husband. The parties’ retirement assets, including a lifetime annuity payable upon the husband’s retirement, were distributed equally. The wife was awarded declining maintenance for eight years, taking into account her imputed income, so as to provide her with $35,000 of taxable income per month. As for child support, the court applied a cap on combined parental income of $350,000, with the wife paying a pro rata share of 17 percent and the husband paying 83 percent, except for educational expenses, which were apportioned 35 percent to the wife and 65 percent to the husband.

 
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