Shay v. Shay

Appellate Division of the Supreme Court of New York

Shay v. Shay

30 A.D.2d 980, 294 N.Y.S.2d 1011, 1968 N.Y. App. Div. LEXIS 3078

CourtAppellate Division of the Supreme Court of the State of New York

DecidedOctober 28, 1968

StatusPublished

This text of 30 A.D.2d 980 (Shay v. Shay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shay v. Shay, 30 A.D.2d 980, 294 N.Y.S.2d 1011, 1968 N.Y. App. Div. LEXIS 3078 (N.Y. Ct. App. 1968).

Pincite

Opinion

In an action for separation, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated December 14, 1967, as awarded plaintiff alimony at the rate of $45 per week, commencing November 28, 1967. Judgment modified, on the law and the facts, by reducing the award of alimony to $30 per week. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, upon the instant record, the award of alimony in the sum of $45 per week was excessive. Ordinarily the fixing of permanent alimony should be made on the consideration of the financial status of the parties, their prior standard of living, their age, health, interests and obligations, with [981]*981due weight to be accorded to the parties’ resources, if any, and the wife’s ability to continue to work and earn money for her self-support (Phillips v. Phillips, 1 A D 2d 393, 397, 398, affd. 2 N Y 2d 742; Kane v. Kane, 10 A D 2d 888; Domestic Relations Law, § 236). At bar, the parties limited their proof to their respective earnings. On that basis, placing the parties in a situation of economic parity, and in line with what was acceptable to plaintiff prior to the instant suit, plaintiff should have been awarded no more than $30 per week. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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In an action for separation, the defendant husband appeals, as limited by his brief, from so much of a judgment of the Supreme Court, Kings County, dated December 14, 1967, as awarded plaintiff alimony at the rate of $45 per week, commencing November 28, 1967. Judgment modified, on the law and the facts, by reducing the award of alimony to $30 per week. As so modified, judgment affirmed insofar as appealed from, without costs. In our opinion, upon the instant record, the award of alimony in the sum of $45 per week was excessive. Ordinarily the fixing of permanent alimony should be made on the consideration of the financial status of the parties, their prior standard of living, their age, health, interests and obligations, with [981]*981due weight to be accorded to the parties’ resources, if any, and the wife’s ability to continue to work and earn money for her self-support (Phillips v. Phillips, 1 A D 2d 393, 397, 398, affd. 2 N Y 2d 742; Kane v. Kane, 10 A D 2d 888; Domestic Relations Law, § 236). At bar, the parties limited their proof to their respective earnings. On that basis, placing the parties in a situation of economic parity, and in line with what was acceptable to plaintiff prior to the instant suit, plaintiff should have been awarded no more than $30 per week. Brennan, Acting P. J., Rabin, Hopkins, Benjamin and Martuscello, JJ., concur.

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Bluebook (online)

30 A.D.2d 980, 294 N.Y.S.2d 1011, 1968 N.Y. App. Div. LEXIS 3078, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shay-v-shay-nyappdiv-1968.