Requiring the wife to pay the carrying charges of the marital residence pendente lite was proper in light of the awards to the wife of temporary maintenance and child support. So held the the Appellate Division, Second Department, in its June 12, 2013 decision in Fini v. Fini, affirming the order of Orange County Supreme Court Justice Lawrence Ecker.
Moreover, Justice Ecker properly based his $7,500 per month temporary maintenance award upon the wife’s needs and the standard of living of the parties prior to commencement of the divorce action as the husband’s “evidence of his gross income was insufficient, and was not reconcilable with his prior spending habits or the parties’ standard of living.”
On appeal, the husband failed to demonstrate that the pendente lite award left him unable to meet his financial obligations. There was no basis in the record to disturb the award of temporary maintenance. Any perceived inequities would best be remedied by a speedy trial.
The husband was represented by William J. Larkin III of Larkin, Axelrod, Ingrassia & Tetenbaum, LLP, of Newburgh. The wife was represented by Adam W. Schneid of Most & Schneid, P.C., of White Plains.