Legal Opinion

Costantino v. Costantino

Appellate Division of the Supreme Court of the State of New York

Decided March 18, 1996PublishedCited by 9 opinions

1Opinion of the Court

The husband contends that the court erred in awarding the wife permanent maintenance in light of the equitable distribution she received pursuant to their separation agreement. We disagree.

*652The amount and duration of maintenance is a matter committed to the sound discretion of the trial court (see, Gulotta v Gulotta, 215 AD2d 724; Feldman v Feldman, 194 AD2d 207, 217-218; Sperling v Sperling, 165 AD2d 338, 341). The wife, who was 51 years old at the time of trial in 1994, spent the bulk of the parties’ 29 years of marriage tending to the children and the maintenance of their home. Apart from…

2Cases cited5 opinions

  1. Sperling v. SperlingAppellate Division of the Supreme Court of the State of New York · 1991
  2. Feldman v. FeldmanAppellate Division of the Supreme Court of the State of New York · 1993
  3. Liadis v. LiadisAppellate Division of the Supreme Court of the State of New York · 1994
  4. Gulotta v. GulottaAppellate Division of the Supreme Court of the State of New York · 1995
  5. Phillips v. PhillipsAppellate Division of the Supreme Court of the State of New York · 1992

3Cited by9 opinions

  1. DeMarco v. DeMarcoAppellate Division of the Supreme Court of the State of New York · 1997
  2. Hildreth-Henry v. HenryAppellate Division of the Supreme Court of the State of New York · 2006
  3. Lovece v. LoveceAppellate Division of the Supreme Court of the State of New York · 1997
  4. Felicello v. FelicelloAppellate Division of the Supreme Court of the State of New York · 1997
  5. O'Shea v. O'SheaAppellate Division of the Supreme Court of the State of New York · 1997

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