Rothman v Rothman
Attorneys and Parties
Brief Summary
Family law—divorce: spousal maintenance duration and equitable distribution credits in New York.
After submissions in lieu of trial, the Supreme Court, Nassau County, awarded the plaintiff maintenance for five years (two years at $12,000/month, then three years at $11,000/month), denied various equitable distribution credits and interests (including business assets, new business, stocks, alleged withdrawals, and medical expenses), and awarded $125,000 in counsel fees. The court later denied the plaintiff’s CPLR 4404(b) motion [New York Civil Practice Law and Rules (CPLR) provision allowing the court, after a nonjury trial, to set aside or modify its decision and order a new trial].
Only the duration of maintenance was modified: the Appellate Division extended maintenance by adding seven more years at $8,000/month; all other rulings were affirmed.
Given a long-term marriage, the parties’ predivorce standard of living, the plaintiff’s age (57), nearly 20-year absence from the workforce, and her physical and mental health issues linked in part to domestic violence, five years of maintenance was insufficient to allow economic independence under Domestic Relations Law §§ 236(B)(6)(e)(1), (f)(2) [New York Domestic Relations Law (DRL) provisions listing factors and guidelines for determining the amount and duration of post-divorce maintenance].
Background
The parties married in 1992 and have two emancipated children. The plaintiff commenced a divorce action in 2016. A March 2020 trial was adjourned due to COVID-19. The parties stipulated to the factors relevant to maintenance and agreed to submit papers in lieu of testimony on maintenance, equitable distribution, and credits. In April 2021, the Supreme Court decided those issues; the plaintiff’s motion under CPLR 4404(b) [New York Civil Practice Law and Rules (CPLR) provision allowing the court, after a nonjury trial, to set aside or modify its decision and order a new trial] to set aside portions of that order was denied in November 2021. A January 20, 2022 judgment awarded limited-duration maintenance and denied various credits and interests, and granted the plaintiff $125,000 in counsel fees.
Lower Court Decision
The Supreme Court (Nassau County) awarded maintenance for five years (two years at $12,000/month; next three years at $11,000/month); declined to award the plaintiff 50% of alleged office furniture, equipment, and scrap metal of the marital business; awarded the defendant his interest in his new business and denied the plaintiff any interest therein; declined to credit the plaintiff with one-half of the present-day value of marital stocks; denied credits for alleged sums taken from the marital business and for medical expenses incurred with out-of-network providers where the defendant paid her insurance premiums; and awarded $125,000 in counsel fees. The court denied the plaintiff’s CPLR 4404(b) motion to set aside portions of its April 2021 order.
Appellate Division Reversal
Modified only as to maintenance duration. The Appellate Division directed maintenance for two years at $12,000/month, then three years at $11,000/month, and thereafter seven additional years at $8,000/month, awarding costs to the plaintiff. All other determinations—including denial of credits for stocks and alleged dissipation, denial of reimbursement for out-of-network medical expenses, allocation of the defendant’s new business to him alone, and the $125,000 counsel fee award—were affirmed due to insufficient proof or sound exercise of discretion.
Legal Significance
Reaffirms the broad discretion of trial courts in equitable distribution and counsel fee awards, and clarifies that the duration of maintenance must realistically account for long marriages, health issues, prolonged absence from the workforce, and domestic violence under DRL § 236(B)(6). Also underscores that credits for alleged dissipation or asset values require competent, specific proof; out-of-network medical expenses are not reimbursable where the obligor pays insurance premiums absent agreement; and appellate courts will modify maintenance where the lower court underestimates the time needed to achieve economic independence.
In long-term marriages with health impairments and workforce absence—especially where domestic violence is found—New York courts may extend maintenance duration under DRL § 236(B)(6). Claims for credits or dissipation fail without concrete evidence, and counsel fee awards rest on overall equities and party conduct.