SECOND APPELLATE COURT RULES ON TEMPORARY MAINTENANCE STATUTE

As I mentioned in my February 14, 2012 blog entry, the appellate courts have begun to review the new temporary maintenance statute enacted in October of 2010. That statute provided a formula for presumptive temporary maintenance. The formula can be found here.  In my prior blog, I reported that the Appellate Division, First Department, in Khaira v. Khaira, held that the temporary maintenance award to the lesser monied spouse included housing costs. In other words, the payor of temporary maintenance is not required  to pay additionally the mortgage and taxes on the marital residence. The recipient of temporary maintenance must pay it out of the award.

The Second Department of the Appellate Division has now ruled on this issue. In Woodford v. Woodford, the Second Department agreed with the First Department’s holding in Khaira. Thus, in the Second Department it is now the law that a maintenance award includes housing costs and that they may not be ordered separately.

This is significant if you live on Long Island, since Long Island is within the Second Department. (The First Department covers Manhattan). Although the other two judicial departments in New York State have not yet ruled on this issue, it is a good bet that they will follow suit.