Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Salvatore CAMPANARO, Appellant, v. Carolyn CAMPANARO, Respondent.
In an action for a divorce and ancillary relief, the plaintiff husband appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Blydenburgh, J.), dated June 1, 2001, as awarded the defendant wife $200 per week pendente lite maintenance, $6,000 in accountant fees, and $7,500 in interim counsel fees.
ORDERED that the order is affirmed insofar as appealed from, with costs.
Pendente lite awards should reflect an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse with due regard for the parties' preseparation standard of living (see, Landau v. Landau, 258 A.D.2d 508, 509, 684 N.Y.S.2d 617; Piali v. Piali, 247 A.D.2d 455, 456, 668 N.Y.S.2d 711; Shapiro v. Shapiro, 163 A.D.2d 294, 296, 557 N.Y.S.2d 154). Modifications of pendente lite awards should be sparingly made and then only under exigent circumstances such as where a party is unable to meet his or her own needs, or the interests of justice otherwise require relief (see, Einhart v. Einhart, 278 A.D.2d 360, 718 N.Y.S.2d 619; Rich v. Rich, 259 A.D.2d 478, 684 N.Y.S.2d 889). Rather, perceived inequities in pendente lite orders are best addressed via a speedy trial at which the parties' economic circumstances may be thoroughly explored (see, Gorman v. Gorman, 286 A.D.2d 475, 476, 729 N.Y.S.2d 644; Menashi v. Menashi, 281 A.D.2d 522, 523, 721 N.Y.S.2d 838; Rigaglia v. Rigaglia, 277 A.D.2d 216, 217, 716 N.Y.S.2d 321).
In light of, inter alia, the parties' disparate economic circumstances, the award of pendente lite maintenance, expert accountant fees, and counsel fees was a provident exercise of discretion (see, Ferdinand v. Ferdinand, 289 A.D.2d 195, 733 N.Y.S.2d 909; Palamara v. Palamara, 279 A.D.2d 559, 719 N.Y.S.2d 608; Landau v. Landau, supra, at 509, 684 N.Y.S.2d 617).
Thank you for your feedback!
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.
Decided: March 04, 2002
Court: Supreme Court, Appellate Division, Second Department, New York.
Search our directory by legal issue
Enter information in one or both fields (Required)
Harness the power of our directory with your own profile. Select the button below to sign up.
Learn more about FindLaw’s newsletters, including our terms of use and privacy policy.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)