Smith v. Smith

Peters, J. (concurring in part and dissenting in part).

We disagree with the majority’s conclusion that under the circumstances here presented, Family Court lacked jurisdiction to determine the issue of spousal maintenance.

The 2003 separation agreement acknowledged that petitioner is completely disabled, on a variety of medications and has Social Security disability benefits as her sole source of income. Recognizing petitioner’s need for maintenance for the duration of her life, the parties negotiated a weekly payment of $100 as a reduced amount of spousal maintenance to meet petitioner’s…