Diblasi v. Diblasi, 48 A.D.3d 403 (N.Y. App. Div. 2008). · Go Syfert
Diblasi v. Diblasi, 48 A.D.3d 403 (N.Y. App. Div. 2008). Cases Citing This Book View Copy Cite
53 citation events (53 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2008 → 2026 · click a year to view as-of
2008 2017 2026
Top citers, strongest first. 36 distinct citers. How cited ↗
discussed Cited as authority (rule) Mischel v. Moskovitz
N.Y. Sup. Ct., New York Cty. · 2025 · confidence medium
Further, while the trial court's citation to Diblasi v. Diblasi, 48 A.D.3d 403, 405 (2d Dep't 2008), for the proposition that "[t]he Supreme Court is vested with the discretion to make an award of an attorney's fee" is accurate, that case and proposition relate to a trial court awarding a party the attorney's fees it incurred in connection with the action before the court, not in an entirely separate action.
discussed Cited as authority (rule) Kaufman v. Kaufman
N.Y. App. Div. · 2020 · confidence medium
"An appropriate award of attorney's fees should take into account the parties' ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and the reasonableness of the fees under all of the circumstances" ( DiBlasi v DiBlasi , 48 AD3d 403, 405 [internal quotation marks omitted]).
discussed Cited as authority (rule) Gove v. Gove
N.Y. App. Div. · 2020 · confidence medium
"An appropriate award of attorney's fees should take into account the parties' ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and the reasonableness of the fees under all of the circumstances" ( DiBlasi v DiBlasi , 48 AD3d 403, 405 [internal quotation marks omitted]).
discussed Cited as authority (rule) Castello v. Castello
N.Y. App. Div. · 2016 · confidence medium
Here, the court providently exercised its discretion in imputing an annual income of $240,000 to the defendant, in reliance upon the report of the *726 neutral financial evaluator, and the testimony at trial, which established that the defendant had total control over the bookkeeping and finances of the company and tunneled personal expenses through the company (see Sutaria v Sutaria, 123 AD3d at 910 ; Cusumano v Cusumano, 96 AD3d at 989 ). “ [I] t is well settled that the amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must…
discussed Cited as authority (rule) Gillman v. Gillman
N.Y. App. Div. · 2016 · confidence medium
In general, an award of maintenance should be of a duration sufficient to permit the recipient to achieve economic independence (see O’Brien v O’Brien, 66 NY2d 576, 585 [1985]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]).
discussed Cited as authority (rule) Crocker C. v. Anne R.
N.Y. Sup. Ct. · 2016 · confidence medium
“In determining whether to award such a fee, the court should ‘review the financial circumstances of both parties together with all the other circumstances of the case, which may include the relative merit of the parties’ positions’ ” (Gruppuso, 66 AD3d at 839 , quoting DeCabrera, 70 NY2d at 881 ). “ ‘An appropriate award of attorney’s fees should take into account the parties’ ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and the reasonableness of the fees under all of the circumstances’ ” (DiBlasi v DiBlasi, 48 AD…
discussed Cited as authority (rule) D'Iorio v. D'Iorio
N.Y. App. Div. · 2016 · confidence medium
Initially, we note that, in its decision after trial, dated July 29, 2013, which was incorporated into the judgment of divorce, the Supreme Court stated that “[i]n the unlikely event there are arrears, the defendant shall pay same within forty-five (45) days.” The parties acknowledge that this was a scrivener’s error and it would be the plaintiff, not the defendant, who would pay any arrears. “ [I] t is well settled that the amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (…
discussed Cited as authority (rule) Lamparillo v. Lamparillo
N.Y. App. Div. · 2015 · confidence medium
Here, the Supreme Court providently exercised its discretion in imputing income to the defendant based on, inter alia, information he provided in a bankruptcy petition (see Greisman v Greisman, 98 AD3d 1079, 1080 [2012]; Duffy v Duffy, 84 AD3d 1151, 1152 [2011]). “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008] [internal quotation marks omitted]; see Wortman v Wortman, 11 AD3d 604, 606 [2004]).
discussed Cited as authority (rule) Lamparillo v. Lamparillo
N.Y. App. Div. · 2014 · confidence medium
Here, the Supreme Court providently exercised its discretion in imputing income to the defendant based on, inter alla, information he provided in a bankruptcy petition (see Duffy v Duffy, 84 AD3d 1151, 1152 [2011]; Greisman v Greisman, 98 AD3d 1079, 1080 [2012]). “ ‘[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]).
discussed Cited as authority (rule) Lamparillo v. Lamparillo
N.Y. App. Div. · 2014 · confidence medium
Here, the Supreme Court providently exercised its discretion in imputing income to the defendant based on, inter alla, information he provided in a bankruptcy petition (see Duffy v Duffy, 84 AD3d 1151, 1152 [2011]; Greisman v Greisman, 98 AD3d 1079, 1080 [2012]). “ ‘[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]).
discussed Cited as authority (rule) Kim v. Schiller
N.Y. App. Div. · 2013 · confidence medium
We agree with the defendant that he is entitled to a credit in the sum of $20,000 with respect to funds from his separate property that he used during the marriage to repay the plaintiffs student loan debt (see Sotnik v Zavilyansky, 101 AD3d 1102, 1104 [2012]; Khan v Ahmed, 98 AD3d 471, 472-473 [2012]; cf. Zaretsky v Zaretsky, 66 AD3d 885, 887 [2009]; DiBlasi v DiBlasi, 48 AD3d 403, 405 [2008]).
discussed Cited as authority (rule) Kim v. Schiller
N.Y. App. Div. · 2013 · confidence medium
We agree with the defendant that he is entitled to a credit in the sum of $20,000 with respect to funds from his separate property that he used during the marriage to repay the plaintiffs student loan debt (see Sotnik v Zavilyansky, 101 AD3d 1102, 1104 [2012]; Khan v Ahmed, 98 AD3d 471, 472-473 [2012]; cf. Zaretsky v Zaretsky, 66 AD3d 885, 887 [2009]; DiBlasi v DiBlasi, 48 AD3d 403, 405 [2008]).
discussed Cited as authority (rule) Bloom v. Petryk-Bloom
N.Y. App. Div. · 2013 · confidence medium
Here, the trial court’s equitable distribution of the increase in value of the plaintiff’s separate property during the course of the marriage is supported by the record. “ ‘The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting’ (Sirgant v Sirgant, 43 AD3d 1034, 1035 [2007]; see Kilkenny v Kilkenny, 54 AD3d 816, 820 [2008]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]).
discussed Cited as authority (rule) Bloom v. Petryk-Bloom
N.Y. App. Div. · 2013 · confidence medium
Here, the trial court’s equitable distribution of the increase in value of the plaintiff’s separate property during the course of the marriage is supported by the record. “ ‘The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting’ (Sirgant v Sirgant, 43 AD3d 1034, 1035 [2007]; see Kilkenny v Kilkenny, 54 AD3d 816, 820 [2008]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]).
discussed Cited as authority (rule) Signorile v. Signorile (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Here, the defendant overcame the presumption that he intended to commingle his funds by establishing that he deposited them in the parties’ joint account for only a few days, and then removed the funds and placed them into an account in his name only (see Banking Law § 675 [b]; Wade v Steinfeld, 15 AD3d at 391 ; McGarrity v McGarrity, 211 AD2d 669, 671 [1995]). “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Wortman v Wortman, 11 AD3d 604, 606 [2004]; see DiBlasi v DiB…
discussed Cited as authority (rule) Signorile v. Signorile (2×) also: Cited "see"
N.Y. App. Div. · 2013 · confidence medium
Here, the defendant overcame the presumption that he intended to commingle his funds by establishing that he deposited them in the parties’ joint account for only a few days, and then removed the funds and placed them into an account in his name only (see Banking Law § 675 [b]; Wade v Steinfeld, 15 AD3d at 391 ; McGarrity v McGarrity, 211 AD2d 669, 671 [1995]). “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Wortman v Wortman, 11 AD3d 604, 606 [2004]; see DiBlasi v DiB…
discussed Cited as authority (rule) Golden v. Golden
N.Y. App. Div. · 2012 · confidence medium
The Supreme Court providently exercised its discretion in determining an appropriate maintenance award. “ ‘ “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” ’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Griggs v Griggs, 44 AD3d 710, 711 [2007], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]). “ ‘In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the p…
discussed Cited as authority (rule) Golden v. Golden
N.Y. App. Div. · 2012 · confidence medium
The Supreme Court providently exercised its discretion in determining an appropriate maintenance award. “ ‘ “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” ’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Griggs v Griggs, 44 AD3d 710, 711 [2007], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]). “ ‘In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the p…
discussed Cited as authority (rule) Jones v. Jones
N.Y. App. Div. · 2012 · confidence medium
The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting’ ” (id. at 820, quoting DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008] [internal quotation marks omitted]).
discussed Cited as authority (rule) Felix v. Felix (2×)
N.Y. App. Div. · 2011 · confidence medium
The amount and duration of maintenance is addressed to the sound discretion of the trial court, and is to be determined on a case-by-case basis (see Sirgant v Sirgant, 43 AD3d 1034, 1035 [2007]). “ ‘In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning capacity of both parties’ ” (Wasserman v Wasserman, 66 AD3d 880 , 883 [2009] [some internal quotation marks omitted], quoting DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]; see Dom…
discussed Cited as authority (rule) DiFiore v. DiFiore
N.Y. App. Div. · 2011 · confidence medium
“In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning capacity of both parties” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008] [internal quotation marks omitted]; see Domestic Relations Law § 236 [B] [6] [a]; Hartog v Hartog, 85 NY2d 36, 50-51 [1995]).
discussed Cited as authority (rule) DiFiore v. DiFiore
N.Y. App. Div. · 2011 · confidence medium
“In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning capacity of both parties” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008] [internal quotation marks omitted]; see Domestic Relations Law § 236 [B] [6] [a]; Hartog v Hartog, 85 NY2d 36, 50-51 [1995]).
discussed Cited as authority (rule) Charap v. Willett
N.Y. App. Div. · 2011 · confidence medium
The former wife’s allegations of bias are without merit (see Allison v Allison, 60 AD3d 711 [2009]; Pourooshasb v Pourooshasb, 4 AD3d 404, 405 [2004]). “ ‘ “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” ’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]).
discussed Cited as authority (rule) Scott M. v. Ilona M.
N.Y. Sup. Ct. · 2011 · confidence medium
Further, “ ‘[a]n appropriate award of attorney’s fees should take into account the parties’ ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and the reasonableness of the fees under all of the circumstances’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 405 [2d Dept 2008], lv denied 10 NY3d 716 [2008], quoting Grumet v Grumet, 37 AD3d 534, 536 [2d Dept 2007]).
discussed Cited as authority (rule) Heiny v. Heiny
N.Y. App. Div. · 2010 · confidence medium
“The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting” (Sirgant v Sirgant, 43 AD3d 1034, 1035 [2007]; see Kilkenny v Kilkenny, 54 AD3d 816, 820 [2008]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]).
discussed Cited as authority (rule) Kelly v. Kelly
N.Y. App. Div. · 2010 · confidence medium
Considering, among other factors, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, and the ability of the plaintiff to become self-supporting (see Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Domestic Relations Law § 236 [B] [6]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]), the Supreme Court providently exercised its discretion in determining that the defendant’s obligation to pay the plaintiff maintenance should end on December 31, 2008.
discussed Cited as authority (rule) Zaretsky v. Zaretsky
N.Y. App. Div. · 2009 · confidence medium
The defendant also contends that the maintenance award is excessive, especially when combined with the child support award and various additional expenses. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008] [internal quotation marks omitted]).
discussed Cited as authority (rule) Wasserman v. Wasserman
N.Y. App. Div. · 2009 · confidence medium
The Supreme Court providently exercised its discretion in determining an appropriate maintenance award. “ ‘[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]). “ Tn determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning…
discussed Cited as authority (rule) Blakey v. Blakey
N.Y. App. Div. · 2009 · confidence medium
Here, there is a sound and substantial basis in the record for the Supreme Court’s determination that the best interests of the child would be served by awarding the plaintiff custody. “ [Considering, among other factors, the standard of living of the parties during the marriage, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, the ability of the party seeking maintenance to become self-supporting, and the reduced or lost lifetime earning capacity of the party seeking maintenance” (Mecc…
discussed Cited as authority (rule) Tarone v. Tarone
N.Y. App. Div. · 2009 · confidence medium
The court may order maintenance in such amount as justice requires, considering, among other factors, the standard of living of the parties during the marriage, the distribution of marital property, the duration of the marriage, the health of the parties, the present and future earning capacity of both parties, and the ability of the party seeking maintenance to become self-supporting (see Domestic Relations Law § 236 [B] [6]; DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]).
discussed Cited as authority (rule) Ruane v. Ruane
N.Y. App. Div. · 2008 · confidence medium
The Supreme Court providently exercised its discretion in determining an appropriate maintenance award. “ ‘[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’ ” (DiBlasi v DiBlasi, 48 AD3d 403, 404 [2008], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]). “ Tn determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning…
discussed Cited as authority (rule) Kilkenny v. Kilkenny
N.Y. App. Div. · 2008 · confidence medium
The wife is thus entitled to, and should have been is awarded, a 50% share of that sum, or $51,654. “ ‘The amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’. ‘The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting’. ‘In determining the appropriate amount and duration of maintenance, the court is required to consider, among o…
discussed Cited "see" Lubrano v. Lubrano
N.Y. App. Div. · 2014 · signal: see · confidence high
Here, the Supreme Court providently exercised its discretion in imputing income to the defendant based on circumstances including his failure to account for income that he received from rental property (see Turco v Turco, 117 AD3d 719, 722 [2014]; DiPalma v DiPalma, 112 AD3d at 664 ; Scammacca v Scammacca, 15 AD3d 382 [2005]; Parise v Parise, 13 AD3d 504, 505 [2004]). “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” Wortman v Wortman, 11 AD3d 604, 606 [2004]; see DiBlasi v …
discussed Cited "see" Ferri v. Ferri (2×)
N.Y. App. Div. · 2009 · signal: see · confidence high
We reject the defendant’s contention that the amount and duration of the maintenance award was excessive. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Wortman v Wortman, 11 AD3d 604, 606 [2004]; see DiBlasi v DiBlasi, 48 AD3d 403 [2008]).
discussed Cited "see" Groesbeck v. Groesbeck (2×)
N.Y. App. Div. · 2008 · signal: see · confidence high
We also reject the plaintiffs contention that the amount and duration of the maintenance award was inadequate. “[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts” (Wortman v Wortman, 11 AD3d 604, 606 [2004]; see DiBlasi v DiBlasi, 48 AD3d 403 [2008]; Griggs v Griggs, 44 AD3d 710 [2007]; Xikis v Xikis, 43 AD3d 1040 [2007]).
discussed Cited "see, e.g." Josephine D. v. William A.D.
N.Y. Sup. Ct., New York Cty. · 2024 · signal: see also · confidence medium
See also Yao v Kao-Yao , 147 AD3d 624 [1st Dept 2017]. "'An appropriate award of attorney's fees should take into account the parties' ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and the reasonableness of the fees under all of the circumstances.'" DiBlasi v DiBlasi , 48 AD3d 403, 405 [2d Dept], lv. app. denied , 10 NY3d 716 [2008], quoting Grumet v Grumet , 37 AD3d 534, 536 [2d Dept 2007] [citations omitted].
Retrieving the full opinion text from the archive…
Linda DiBlasi
v.
Thomas DiBlasi, Appellant-Respondent. Lawrence H. Bloom, Nonparty
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 2008.
48 A.D.3d 403
Cited by 40 opinions  |  Published

In an action for a divorce and ancillary relief, the defendant appeals (1), as limited by his brief, from so much of an order of the Supreme Court, Queens County (Fitzmaurice, J.), dated March 14, 2006, as denied his motion pursuant to CPLR 4404 (b) to set aside stated portions of the decision dated September 21, 2005, made after trial, (2), as limited by his brief, from so much of a judgment of the same court dated April 19, 2006, as, upon the decision, awarded the plaintiff the sum of $1,822 per week in child support, directed him to pay for the college tuition and room and board for the parties’ children “up to a ‘SUNY cap,’ ” awarded the plaintiff a distributive award in the sum of $43,537 from his 401k, adopted a neutral appraiser’s value for his business, directed him to maintain a term life insurance policy upon his own life in the amount of $2,000,000, and awarded the plaintiff an attorney’s fee in the sum of $133,101.17, and the plaintiff cross-appeals (1), as limited by her brief, from so much of the same order as denied those branches of her motion pursuant to CPLR 4404 (b) which were to set aside stated portions of the decision, and (2), as limited by her brief, from so much of the same judgment as failed to award her lifetime maintenance, awarded the defendant a separate property credit in the sum of $22,500 related to the marital residence, failed to award her support arrears, and failed to award a portion of a pension allegedly held by the defendant.

Ordered that the appeal and the cross appeal from the order are dismissed, without costs or disbursements; and it is further,

Ordered that the judgment is modified, on the law, (1) by deleting the provision thereof awarding the defendant a separate property credit in the sum of $22,500 related to the marital residence, (2) by deleting the provision thereof awarding the[*404] plaintiff maintenance for a period of two years and substituting therefor a provision awarding the plaintiff maintenance until March 14, 2013, and (3) by deleting the provision thereof awarding the plaintiff an attorney’s fee in the sum of $133,101.17 and substituting therefor a provision awarding the plaintiff an attorney’s fee in the sum of $100,000; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursement.

The appeal and cross appeal from the intermediate order must be dismissed because the right of direct appeal and cross appeal therefrom terminated with the entry of judgment in the action (see Matter of Aho, 39 NY2d 241 [1976]). The issues raised on the appeal and cross appeal from the order are brought up for review and have been considered on the appeal and cross appeal from the judgment (see CPLR 5501 [a] [1]).

“ ‘[T]he amount and duration of maintenance is a matter committed to the sound discretion of the trial court, and every case must be determined on its own unique facts’ (Wortman v Wortman, 11 AD3d 604, 606 [2004])” (Griggs v Griggs, 44 AD3d 710, 711 [2007]; see also Xikis v Xikis, 43 AD3d 1040 [2007]; Mazzone v Mazzone, 290 AD2d 495 [2002]). “The overriding purpose of a maintenance award is to give the spouse economic independence, and it should be awarded for a duration that would provide the recipient with enough time to become self-supporting (see Scarlett v Scarlett, 35 AD3d 710 [2006], supra; Bains v Bains, 308 AD2d 557, 559 [2003]; Chalif v Chalif, 298 AD2d 348 [2002])” (Sirgant v Sirgant, 43 AD3d 1034, 1035 [2007]; see also Walter v Walter, 38 AD3d 763 [2007]). “In determining the appropriate amount and duration of maintenance, the court is required to consider, among other factors, the standard of living of the parties during the marriage and the present and future earning capacity of both parties (see Domestic Relations Law § 236 [B] [6] [A] . . .)” (Haines v Haines, 44 AD3d 901, 902 [2007] [citations omitted]).

The Supreme Court providently exercised its discretion in determining the monthly amount of maintenance, but improvidently exercised its discretion in limiting the duration of the maintenance award to two years. Taking into consideration all the relevant factors, including the plaintiff’s age, education, extended absence from the work force while raising the parties’ five children, who are still minors, and the present and future earning capacities of both parties, the duration of the award of maintenance should be extended until March 14, 2013. The extension of the defendant’s maintenance obligation, until the two youngest boys are college age, should afford the plaintiff a sufficient opportunity to become self-supporting.

[*405] The Supreme Court erred in awarding the defendant a separate property credit in the sum of $22,500 related to the marital residence for the proceeds of a cooperative apartment he sold. While a party is entitled to a separate property credit for the value of property even where the net proceeds from its sale are used as partial payment on a marital residence (see Falgoust v Falgoust, 15 AD3d 612, 614 [2005]), the evidence presented at trial showed that the proceeds of the sale were not used to purchase the marital residence and the defendant was not entitled to a separate property credit.

The Supreme Court is vested with the discretion to make an award of an attorney’s fee, having consideration for the respective financial circumstances of the parties, together with all the circumstances of the case (see DeCabrera v Cabrera-Rosete, 70 NY2d 879 [1987]; see also O’Shea v O’Shea, 93 NY2d 187 [1999]). “Where the parties’ respective financial positions give one a distinct advantage over the other, the court may direct the monied spouse to pay counsel fees to the attorney for the non-monied spouse (see Silverman v Silverman, 304 AD2d 41, 48 [2003])” (Kaplan v Kaplan, 28 AD3d 523, 523 [2006]; see also Sevdinoglou v Sevdinoglou, 40 AD3d 959 [2007]). “An appropriate award of attorney’s fees should take into account the parties’ ability to pay, the nature and extent of the services rendered, the complexity of the issues involved, and the reasonableness of the fees under all of the circumstances” (Grumet v Grumet, 37 AD3d 534, 536 [2007]).

The Supreme Court providently exercised its discretion in determining that the plaintiff was entitled to an award of an attorney’s fee. However, given all the circumstances of this case, we find that an attorney’s fee in the sum of $100,000 is appropriate (cf. Stadok v Stadok, 25 AD3d 547 [2006]).

The parties’ remaining contentions are without merit. Rivera, J.E, Skelos, Fisher and Angiolillo, JJ., concur.