Opinion
October 23, 1961
In an action by a wife against her husband for a divorce, the husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Westchester County, dated June 27, 1961 and entered July 6, 1961, as grants the wife's motion for temporary alimony in the amount of $175 a week. Order, insofar as appealed from, modified by reducing the amount of the temporary alimony to $100 a week, such reduction to take effect August 2, 1961. As so modified, order affirmed, without costs. In our opinion, the amount awarded as temporary alimony was excessive. The determination by the Trial Justice, however, as to the proper amount of the permanent alimony, should be made by him in the exercise of a sound judicial discretion based upon all the evidence adduced at the trial. The amount of the temporary alimony as fixed by this court is not intended to govern or to influence the Trial Justice's exercise of such discretion. Nolan, P.J., Ughetta, Christ, Pette and Brennan, JJ., concur.