Jendras v. Jendras

82 A.D.3d 1049, 918 N.Y.2d 882

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 22, 2011
• Status: Published

Opinion

The amount and duration of an award of maintenance “ ‘is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’ ” (Giokas v Giokas, 73 AD3d 688, 688 [2010], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]). Under the circumstances of this case, the Supreme Court’s award of maintenance to the plaintiff in the sum of $50,000 annually for a period of four years was excessive. In light of, inter alia, the property and income of the respective parties and the reasonable needs of the plaintiff, we find that an award in the sum of $25,000 annually for a maximum period of four years is appropriate (see Domestic Relations Law § 236 [B] [6] [a]; Haines v Haines, 44 AD3d 901 [2007]). Further, the order should have included a provision that the award of maintenance will terminate upon the death of either party or the plaintiffs remarriage, whichever shall occur sooner (see Domestic Relations Law § 236 [B] [1] [a]; McLoughlin v McLoughlin, 63 AD3d 1017, 1018 [2009]; Haines v Haines, 44 AD3d at 903). Prudenti, EJ., Rivera, Lott and Miller, JJ., concur.