Practice point: In computing maintenance, a court need not rely upon the party's own account of his
or her finances, but may impute income based upon the party's past
income or demonstrated earning potential. The court may properly take into account plaintiff's
income from investments, voluntarily deferred compensation, and
substantial distributions, pursuant to Domestic Relations Law §§ 236[B][5-a][b][4]; 240[1-b][b][5][i], [iv].
Student note: Here, the defendant did not waive temporary maintenance in the parties'
prenuptial agreement. Notwithstanding that defendant waived any claim
to a final award of alimony or maintenance in the prenuptial agreement,
the court was entitled, in its discretion, to award pendente lite relief
in the absence of an express agreement to exclude an award of temporary
maintenance.
Case: Lennox v. Weberman, NY Slip Op 05766 (1st Dept. 2013).
Here is the decision.
Tomorrow's issue: An elevator accident, and the timeliness of a summary judgment motion.
