Temporary Spousal Maintenance and Marital Residence Expenses

One issue that keeps coming up repeatedly in appellate decisions is whether  the party paying temporary spousal maintenance, can also be ordered to pay carrying costs of the marital residence.   In Rouis v. Rouis, 156 A.D.3d 1198 (3rd Dept. 2018), the Appellate Division, Third Department, held that the statutory formula used to calculate the presumptive temporary maintenance award was intended to cover all of the nonmonied spouse’s needs and basic living expenses, including the carrying charges on the home and her vehicle expenses. The parties were married in 1993 and had two children. The wife commenced this action for divorce in 2014, after the husband departed the marital residence. Applying the pre-2015 temporary maintenance formula on the wife’s motion for temporary relief, the trial court granted the wife, among other things, temporary maintenance ($1,958 per month) and child support ($2,720 per month) and required the…

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