Opinion
October 1, 1998
Appeal from the Supreme Court, New York County (Lewis Friedman, J.).
While the May 1992 deed transferring the wife's interest in the parties' out-of-town residence to the husband is unenforceable in that it was signed only by the wife (Domestic Relations Law § 236 Dom. Rel. [B] [3]), any error in this regard is of no consequence since such transfer was validly effectuated in the parties' postnuptial agreements. We see no reason for further comment on the court's findings upholding these agreements, except to concur that their fairness becomes apparent once the possibility of the wife's acquiring substantial assets is accepted. Concerning the husband's pension fund, the documentary evidence shows that he is the sole participant therein, and accordingly, the value thereof is no less than $190,000; in addition, we remand for further fact finding concerning the $150,932 of assets that the wife claims was in the fund at the commencement of the action but omitted from the valuation. Concerning maintenance, the award of $500 a week is insufficient to maintain the wife's predivorce standard of living ( Hartog v. Hartog, 85 N.Y.2d 36, 50-51) and we accordingly increase it to the extent indicated.
Concur — Lerner, P.J., Wallach, Rubin and Saxe, JJ.