Practice point: The court will consider factors such as the duration of the marriage; the parties' standard of living during the marriage; the parties' income and property; the distribution of marital property; the parties' health; the parties' present and future earning capacity; the ability of the party seeking maintenance to become self-supporting; and the reduced or lost lifetime earning capacity of the party seeking maintenance.
Student note: The determination is committed to the sound discretion of the trial
court, and it will be made on the unique facts before the court.
Case: Brinkmann v. Brinkmann, NY Slip Op 05702 (2d Dep't July 19, 2017)
Here is the decision.
Monday's issue: An age and disability discrimination claim.
