Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendant appeals and plaintiff cross-appeals from
We reject defendant’s contention that Supreme Court erred in directing him to pay child support in the sum of $620 per week, retroactive to February 24, 1989 (see, Domestic Relations Law § 240 [1-b]; Harmon v Harmon,
Contrary to defendant’s arguments, the court did not err in awarding plaintiff maintenance in the sum of $500 per week. The court properly took into consideration the parties’ predivorce standard of living as well as the reasonable needs of plaintiff and the means of defendant (see, Domestic Relations Law § 236 [B] [6] [a]; see also, Raviv v Raviv,
The court properly awarded plaintiff counsel fees without conducting an evidentiary hearing because the parties stipulated that counsel fees would be fixed by the trial court upon submission of affirmations (see, Olsan v Olsan,
We conclude that the court properly determined the value of plaintiff’s MBA (see, O’Brien v O’Brien,
Second, the court should have given defendant a credit of $54,460, representing the payments made by him from his separate property to pay outstanding loans on the boat and airplane. Separate property is not subject to equitable distribution, and therefore the trial court erred by giving defendant a credit for only $13,776.50. Thus, we find that defendant is entitled to an additional credit against the gross marital estate of $40,683.50.
The net marital estate subject to equitable distribution, therefore, equals $776,460.71 and plaintiff’s 1/2 share equals $388,230.36. The value of the specific assets awarded to plaintiff by the court, including the value of her MBA degree, totals $314,277. Consequently, plaintiff is entitled to a cash distribution from the marital estate in the sum of $73,953.36, payment of which is to be effectuated in the manner directed by the court in its Qualified Domestic Relations Order dated August 29, 1991 and entered in the Monroe County Clerk’s Office on August 30, 1991.
In all other respects, the judgment of divorce is affirmed. (Appeals from Judgment of Supreme Court, Monroe County, Wesley, J.—Equitable Distribution.) Present—Green, J. P., Pine, Boomer, Davis and Boehm, JJ.
