Under appropriate circumstances, post-divorce spousal support may last much longer than the marriage itself. So held the Appellate Division, Second Department, in its September 2019 decision in Murphy v. Murphy.

The parties were married in 2004. They had no children together. Prior to the marriage, the wife was diagnosed with multiple sclerosis.

In 2013, after 8½ years of marriage, the wife commenced this action for a divorce. After three years, the parties were able to enter a stipulation resolving the issue of equitable distribution. The issue of maintenance was tried before Supreme Court, Suffolk County Justice Carol MacKenzie. At the time of trial, the wife was 42 years old and the husband 47.

The critical issue presented was whether the wife was capable of working, and if so, in what capacity, as a result of the symptoms that she alleged she experienced due to multiple sclerosis. Justice MacKenzie concluded that the wife was incapable of maintaining employment. The wife was awarded maintenance of $10,760 per month terminating 25 years after trial when the wife turned 67 years old.Continue Reading Love, Honor and Support

In its January 28, 2015 decision in Carlin v. Carlin, the Appellate Division, Second Department, upheld the removal of the forensic evaluator previously court-appointed in the parties’ divorce action.

On the renewed motion for the removal made by the wife, she submitted a letter from the Mental Health Professionals Certification Committee for the First