Robinson v. RobinsonRobinson v. Robinson
Plaintiff (hereinafter the husband) and defendant (hereinafter the wife) were married in 2002. The husband commenced this action in 2010 and, after the parties stipulated to the grounds for divorce, a nonjury trial was conducted on the issues of equitable distribution and maintenance. Supreme Court granted the divorce, distributed the marital property and directed the husband to pay the wife $500 a month in spousal maintenance for 26 months and $5,000 in counsel fees. This cross appeal ensued.
Both parties challenge the award of maintenance; the wife argues that the amount and/or duration of the award is insufficient, while the husband contends that any award of maintenance was error. “The amount and duration of a maintenance award are addressed tо the sound discretion of the trial court, and will not be disturbed provided that the statutory factors and the parties’ predivorce standard of living are considered” (Cornish v Eraca-Cornish, 107 AD3d 1322, 1324 [2013] [internal quotation marks, brackets and citations omitted]; see
In fashioning its maintenance award, Supreme Court noted the length of the marriage, that the partiеs have no children in common and were both in relatively good health. The wife has a Bachelor’s degree, has held various clerical and administrative jobs during the marriage and was earning roughly $30,000 at the time of the trial. The husband possesses a high school educаtion and has worked as a self-employed contractor since 1994. Although the husband claimed an annual adjusted gross income of $20,399 for the preceding tax year, Supreme Court found him incredible in the reporting of his income and assets, noting that he had actively concealed financial information and assets and claimed expenses that exceeded his purported income. Deferring to the court’s evaluation of the husband’s credibility on the issue of his income and assets (see Johnson v Chapin, 49 AD3d 348, 360-361 [2008], mod 12 NY3d 461 [2009]), and considering the predivorce standard of living and the relatively short-term nature of the award, we cannot
The parties also dispute several aspects of Supreme Court’s equitable distribution awаrd, which “will not be disturbed absent an abuse of discretion or failure to consider the requisite statutory factors” (Vertucci v Vertucci, 103 AD3d 999, 1001 [2013] [internal quotation marks and citations omitted]; see Mahoney-Buntzman v Buntzman, 12 NY3d 415, 420 [2009]; Mula v Mula, 131 AD3d 1296, 1298 [2015]). We first address the marital residence which, having been purchased by the husband prior to the marriage, was the husband’s separate property (see
While there is no dispute that substantial improvements had been made to the marital home, the parties presented sharply conflicting testimony аs to both when those improvements were made and the wife’s overall contributions to the home and the marriage. The husband testified that, after he acquired his former spouse’s interest in the property in 1999, he spent considerable time and effort renovating the mаrital residence by, among other things, constructing an addition on the house, building a garage, landscaping and installing a new roof, siding, windows, a heating system and a deck. According to the husband, the improvements to the marital home were “pretty much finished” at the time he and thе wife married in August 2002. He noted that some additional work was performed after the wife moved into the marital residence, but claimed that the wife did not assist in making any of the improvements and that he paid for them with profits earned through his construction business and other pеrsonal endeavors. The wife, on the other hand, claimed that the vast majority of the improvements testified to by the husband were made by the parties
We do find merit, however, in the wife’s contention that Supreme Court erred in determining the amount of the marital home’s appreciation. The parties submitted competing appraisals valuing the property both on the date of the marriage and the date of commencement of this action. In determining the appreciation, Supreme Court averaged the values set forth in the parties’ respective date of marriagе appraisals, averaged the values set forth in their date of commencement appraisals, and then subtracted the former figure from the latter. While this Court has declined to impose an absolute proscription against the procedure of averaging competing appraisals in valuing a marital asset (see Hoyt v Hoyt, 166 AD2d 800, 802 [1990]), blindly employing such a technique without articulating a reason for doing so cannot be condoned (see
Here, Supreme Court failed to set forth any reason for rejecting the valuations advanced by the parties’ appraisers. Indeed,
Supreme Court’s valuation of real property purchased by the parties during the marriage (hereinafter the Cooks Falls Road property) suffered from the same infirmity. Thus, this portion of the award must likewise be vаcated and appropriate findings and conclusions as to the value of the Cooks Falls Road property shall be made by Supreme Court upon remittal (see
The husband also contends that Supreme Court improperly awarded the wife half of the value of cеrtain of his business assets. As the husband represented to the court in his statement of proposed disposition that two Ford vehicles and a backhoe were marital property subject to equitable distribution, he cannot now be heard to complain that the court erred in not classifying those assets as separate property (see Sawyer v Sawyer, 268 AD2d 929, 929 [2000]; Holcomb v Holcomb, 148 AD2d 915, 916 [1989]). As for a compressor, a Miter saw, a pressure washer, a generator and certain tools contained in a cargo van—all of which were acquired during the marriage—nо evidence was presented that these items were acquired by defendant’s business with separate property. Thus, the husband failed to rebut the presumption that such assets constitute marital property (see
We reach a different conclusion as to thе husband’s Chase Bank checking account. Such business account, which was held by “Gregg R. Robinson d/b/a Robinson Construction” and established prior to the marriage, was the husband’s separate property (see
The parties’ remaining contentions, to the extent that they are properly before us, are either lacking in merit or do not warrant a further modification or reversal of the judgment.
Lahtinen, Garry and Clark, JJ., concur. Ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as awarded defendant (1) $42,250 and $32,000 representing the appreciation of the maritаl residence and the value of the Cooks Falls Road property, respectively, and (2) one half of the balance of plaintiff’s Chase Bank business checking account; matter remitted to the Supreme Court for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed.