Opinion
2013-10-4
Louise KROLIKOWSKI, Plaintiff–Respondent, v. Allan KROLIKOWSKI, Defendant–Appellant.
Bennett, DiFilippo & Kurtzhalts, LLP, East Aurora (Joel R. Kurtzhalts of Counsel), for Defendant–Appellant. Palmer, Murphy & Tripi, Buffalo (Thomas A. Palmer of Counsel), for Plaintiff–Respondent.
Bennett, DiFilippo & Kurtzhalts, LLP, East Aurora (Joel R. Kurtzhalts of Counsel), for Defendant–Appellant. Palmer, Murphy & Tripi, Buffalo (Thomas A. Palmer of Counsel), for Plaintiff–Respondent.
PRESENT: CENTRA, J.P., FAHEY, LINDLEY, SCONIERS AND WHALEN, JJ.
MEMORANDUM:
Defendant husband appeals from a judgment that, among other things, ordered plaintiff wife to pay defendant maintenance of $200 per week for five years, ordered plaintiff to pay defendant $40,800.75 for his interest in the marital residence, and distributed other marital assets. We reject defendant's contention that Supreme Court abused its discretion in awarding him only $200 per week in maintenance, and that the award of maintenance should be substantially increased ( see Mayle v. Mayle, 299 A.D.2d 869, 869, 750 N.Y.S.2d 256). “[T]he amount and duration of maintenance are matters committed to the sound discretion of the trial court” ( Reed v. Reed, 55 A.D.3d 1249, 1251, 865 N.Y.S.2d 414 [internal quotation marks omitted] ). Here, the record establishes that the court properly considered defendant's “reasonable needs and predivorce standard of living in the context of the other enumerated statutory factors” in Domestic Relations Law § 236(B)(6)(a)( Hartog v. Hartog, 85 N.Y.2d 36, 52, 623 N.Y.S.2d 537, 647 N.E.2d 749;see Frost v. Frost, 49 A.D.3d 1150, 1151, 854 N.Y.S.2d 621). We conclude, however, that the court abused its discretion with respect to the duration of maintenance, and we therefore modify the judgment by increasing the duration of maintenance from five years to nine years ( see generally Reed, 55 A.D.3d at 1251, 865 N.Y.S.2d 414).
Contrary to defendant's further contention, the court properly exercised its broad discretion in making an equitable distribution of the marital property ( see Martinson v. Martinson, 32 A.D.3d 1276, 1277, 821 N.Y.S.2d 537;Bossard v. Bossard, 199 A.D.2d 971, 971, 606 N.Y.S.2d 474), upon considering the requisite statutory factors ( see generally Domestic Relations Law § 236[B][5][d] ). In particular, the court properly considered the fact that plaintiff used separate property received from the estates of her father and uncle to pay off indebtedness on the marital residence ( see Midy v. Midy, 45 A.D.3d 543, 544–545, 846 N.Y.S.2d 220). We conclude that defendant's remaining contentions, concerning the equitable distribution of the value of an investment account, plaintiff's summer paychecks, and the parties' vehicles, are without merit.
It is hereby ORDERED that the judgment so appealed from is unanimously modified on the law by increasing the duration of maintenance from five years to nine years and as modified the judgment is affirmed without costs.