LAW.coLAW.co

Karrie L. Truglia, Appellant, v. Joseph A. Truglia, Respondent

New York Supreme Court, Appellate Division2012-01-24
91 A.D.3d 852936 N.Y.S.2d 912

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

“Modifications of pendente lite awards should rarely be made by an appellate court and then only under exigent circumstances, such as where a party is unable to meet his or her financial obligations, or justice otherwise requires” (Palmeri v Palmeri, 87 AD3d 572, 573 [2011] [internal quotation marks omitted]; see Renga v Renga, 86 AD3d 634, 635 [2011]). “Any perceived inequities in pendente lite support can best be remedied by a speedy trial, at which the parties’ financial circumstances can be fully explored” (Conyea v Conyea, 81 AD3d 869, 870 [2011]; see Renga v Renga, 86 AD3d at 635; Malik v Malik, 66 AD3d 968, 968 [2009]).

In determining an award of pendente lite maintenance, a court should not rely on the new statutory formula in Domestic Relations Law § 236 (B) (5-a) in actions, such as this one, commenced prior to its effective date (see Ingersoll v Ingersoll, 86 AD3d 684, 685 [2011]). Here, however, the Supreme Court’s award, while erroneously arrived at using the new statutory formula, can be upheld in accordance with the prior standard under former Domestic Relations Law § 236 (B) (6) (a). The award of pendente lite maintenance reflected “ ‘an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse . . . with due regard for the preseparation standard of living’ ” (Dowd v Dowd, 74 AD3d 1013, 1014 [2010], quoting Levy v Levy, 72 AD3d 651, 652 [2010]). The plaintiff has not demonstrated any exigent circumstances that would warrant a modification of the pendente lite maintenance award. Rivera, J.E, Eng, Lott and Sgroi, JJ., concur.