RAHAL v. TAORMINA (2025)

Order, Supreme Court, New York County (Michael L. Katz, J.), entered on or about November 21, 2024, which, to the extent appealed from as limited by the briefs, denied defendant's request for temporary spousal support, unanimously affirmed, without costs.

It is well established that in the absence of exigent circumstances, “the remedy for any perceived inequities in a pendente lite award is a speedy trial” (Anonymous v. Anonymous, 167 A.D.3d 527, 527, 91 N.Y.S.3d 377 [1st Dept. 2018];  Torres v. Torres, 171 A.D.3d 613, 614, 96 N.Y.S.3d 848 [1st Dept. 2019];  Anonymous v. Anonymous, 63 A.D.3d 493, 496–497, 881 N.Y.S.2d 66 [1st Dept. 2009], lv dismissed 14 N.Y.3d 921, 905 N.Y.S.2d 125, 931 N.E.2d 94 [2010];  see also Kohli v. Tewari, 216 A.D.3d 512, 513, 188 N.Y.S.3d 486 [1st Dept. 2023]).  It follows that “[a] pendente lite award should only be modified rarely” (Anonymous, 63 A.D.3d at 496, 881 N.Y.S.2d 66 [internal quotation marks omitted]).

There are no exigent circumstances here to justify disturbing the pendente lite award (see Kohli, 216 A.D.3d 512, 188 N.Y.S.3d 486).  Defendant filed his motion for temporary spousal support one year after the divorce action was commenced, which underscores the absence of any exigency.  The court providently exercised its discretion in imputing $300,000 in income to defendant and $1 million in income to plaintiff based on their past income and demonstrated earning potential (see Bloom v. Hilpert, 222 A.D.3d 574, 575, 203 N.Y.S.3d 250 [1st Dept. 2023];  see also Finn v. Piesco, 127 A.D.3d 525, 525, 8 N.Y.S.3d 57 [1st Dept. 2015]).  The parties’ tax returns show that defendant maintained steady employment throughout their marriage, averaging nearly $400,000 in income in the final five years of the parties’ marriage.  Defendant is the same age as plaintiff, has an MBA, and has over a decade worth of experience in the financial industry.  Defendant was undisputedly supporting himself and, by his own statements, plaintiff during the last several years of their marriage.  Though defendant is presently earning no income from his start-up venture, he fails to explain why he is unable to supplement his present income or seek alternative employment (see Finn, 127 A.D.3d at 525, 8 N.Y.S.3d 57).  The court also correctly applied the formula set forth in Domestic Relations Law § 236(B)(5–a) in determining that the presumptive or guideline award of $0 was neither unjust nor inappropriate (see Lesser v. Lesser, 203 A.D.3d 466, 164 N.Y.S.3d 590 [1st Dept. 2022]).

Finally, defendant's claims of discovery delays do not support an award of temporary spousal maintenance in this case (see e.g. Winnie v. Winnie, 199 A.D.3d 1258, 1259, 159 N.Y.S.3d 203 [3d Dept. 2021]).