X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Jennifer M. Lorenz, Orchard Park, for Defendant-Appellant. Feron Poleon, LLP, Amherst (Kelly A. Feron of Counsel), for Plaintiff-Respondent. Appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered August 2, 2023. The order directed defendant to pay maintenance to plaintiff of $5,700 per month until defendant reaches the age of 67. It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs. Memorandum: In this matrimonial action, defendant husband appeals from an order, issued after a remittal from this Court (Renzi v. Renzi, 217 AD3d 1336 [4th Dept 2023]), that, among other things, awarded plaintiff wife maintenance, above the presumptive amount under Domestic Relations Law § 236 (B) (6), until the husband reaches the age of 67. We affirm. Contrary to the husband’s contention, Supreme Court did not err in awarding the wife maintenance above the presumptive amount until the husband reaches the age of 67. “[A]s a general rule, the amount and duration of maintenance are matters committed to the sound discretion of the trial court” (Anastasi v. Anastasi, 207 AD3d 1131, 1131 [4th Dept 2022] [internal quotation marks omitted]; see Mehlenbacher v. Mehlenbacher, 199 AD3d 1304, 1307 [4th Dept 2021]). Although this Court’s authority in determining issues of maintenance is “as broad as that of the trial court” (Anastasi, 207 AD3d at 1131 [internal quotation marks omitted]; see Reed v. Reed, 55 AD3d 1249, 1251 [4th Dept 2008]), generally, this Court “will not disturb the determination of maintenance absent an abuse of discretion” (Anastasi, 207 AD3d at 1131 [internal quotation marks omitted]; see Wilkins v. Wilkins, 129 AD3d 1617, 1618 [4th Dept 2015]). Here, the court properly considered, among other things, the length of the parties’ marriage, the age and current health of the parties, the parties’ present and future earning potential, and the parties’ standard of living during the marriage. We conclude that “[t]he court properly considered [the wife's] reasonable needs and predivorce standard of living in the context of the other enumerated statutory factors” (Peck v. Peck, 167 AD3d 1518, 1519 [4th Dept 2018] [internal quotation marks omitted]; see Domestic Relations Law § 236 [B] [6]). Although the husband contends that the court erred in finding him in good health inasmuch as he has a diagnosis of multiple sclerosis, the record establishes that, at the time of the court’s decision, he was able to continue working with no restrictions. We perceive no abuse of discretion here, and we decline to substitute our discretion for that of the court.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›

Company Description Hyderally & Associates, P.C. is a law firm located in Montclair, NJ that specializes in labor and employment law. T...


Apply Now ›

Experienced tax attorney to assist growing corporate practice. Candidate should have a minimum of 7 years' experience in corporate and par...


Apply Now ›