Dewald v. Dewald

Summary

The Appellate Division, First Department, reviewed an order concerning post-divorce spousal maintenance and counsel fees. The court affirmed the denial of spousal maintenance but vacated the $5,500 counsel-fee award because the lower court did not satisfy the written-decision requirements of 22 NYCRR 130-1.2.

Holdings

1. Supreme Court did not abuse its discretion in deviating from the statutory maintenance guidelines and determining that the husband was not entitled to post-divorce maintenance.
2. The $5,500 counsel-fee award had to be vacated because Supreme Court failed to comply with 22 NYCRR 130-1.2's requirement that a written decision identify the conduct supporting the award, explain why the conduct was frivolous, and explain why the amount awarded was appropriate.

Questions Presented

1. Whether Supreme Court abused its discretion by deviating from the statutory maintenance guidelines and denying the husband post-divorce spousal maintenance.
2. Whether Supreme Court properly considered the factors required by Domestic Relations Law § 236(B)(6) in denying maintenance.
3. Whether Supreme Court's counsel-fee award could stand when the court failed to comply with the written-decision requirements of 22 NYCRR 130-1.2.

Disposition

affirmed