Gordon v. Gordon, 113 A.D.3d 654 (N.Y. App. Div. 2014). · Go Syfert
Gordon v. Gordon, 113 A.D.3d 654 (N.Y. App. Div. 2014). Cases Citing This Book View Copy Cite
35 citation events (35 in the last 25 years) across 3 distinct courts.
Strongest positive: J.D.D. v. A.D. (nysupctwster, 2024-01-31)
Treatment trajectory · 2015 → 2026 · click a year to view as-of
2015 2020 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
cited Cited as authority (rule) J.D.D. v. A.D.
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
Here, considering the relevant factors, the amount and duration of the award of maintenance was a provident exercise of discretion." ( Gordon v Gordon , 113 AD3d 654, 654-655 [2d Dept 2014]).
cited Cited as authority (rule) J.D.D. v. A.D.
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
Here, considering the relevant factors, the amount and duration of the award of maintenance was a provident exercise of discretion." ( Gordon v Gordon , 113 AD3d 654, 654-655 [2d Dept 2014]).
cited Cited as authority (rule) J.D.D. v. A.D.
N.Y. Sup. Ct., Westchester Cty. · 2024 · confidence medium
Here, considering the relevant factors, the amount and duration of the award of maintenance was a provident exercise of discretion." ( Gordon v Gordon , 113 AD3d 654, 654-655 [2d Dept 2014]).
discussed Cited as authority (rule) Kumar v. Chander
N.Y. App. Div. · 2017 · confidence medium
“The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; see Domestic Relations Law § …
discussed Cited as authority (rule) Ralis v. Ralis
N.Y. App. Div. · 2017 · confidence medium
“The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; see Domestic Relations Law § …
discussed Cited as authority (rule) Sansone v. Sansone
N.Y. App. Div. · 2016 · confidence medium
“The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; see former Domestic Relations …
discussed Cited as authority (rule) Castello v. Castello
N.Y. App. Div. · 2016 · 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 (see Gordon v Gordon, 113 AD3d 654, 655 [2014]; DiBlasi v DiBlasi, 48 AD3d at 404 ; Bains v Bains, 308 AD2d 557, 559 [2003]).
discussed Cited as authority (rule) Maddaloni v. Maddaloni
N.Y. App. Div. · 2016 · confidence medium
In setting the amount and duration of maintenance, the court should consider, among other things, “the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, [and] the reduced or lost earning capacity of the party seeking maintenance” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; see Gillman v Gillman, *654 139 AD3d 667 [2016]).
discussed Cited as authority (rule) Fenech v. Fenech
N.Y. App. Div. · 2016 · confidence medium
“The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; see Domestic Relations Law § …
discussed Cited as authority (rule) Gillman v. Gillman
N.Y. App. Div. · 2016 · confidence medium
“The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; see Domestic Relations Law § …
discussed Cited as authority (rule) Tarantina v. Gitelman
N.Y. App. Div. · 2016 · confidence medium
The duration of the maintenance award was a provident exercise of discretion (see Gordon v Gordon, 113 AD3d 654, 654-655 [2014]; Williams v Williams, 102 AD3d 957 [2013]; Jones v Jones, 92 AD3d at 848 ).
discussed Cited as authority (rule) Perdios v. Perdios
N.Y. App. Div. · 2016 · confidence medium
The award of 20% of the value of the businesses properly accounts for the plaintiff’s minimal direct and indirect contributions to the business, while not ignoring her contributions as the primary caretaker of the parties’ children, which allowed the defendant to focus on the businesses (see Gordon v *842 Gordon, 113 AD3d 654, 655 [2014]; Elias v Elias, 101 AD3d 938, 939 [2012]; Davis v O’Brien, 79 AD3d 695, 696 [2010]; Baron v Baron, 71 AD3d 807, 809 [2010]; cf. Griggs v Griggs, 44 AD3d 710, 713 [2007]; Meza v Meza, 294 AD2d 414, 415 [2002]).
discussed Cited as authority (rule) D'Iorio v. D'Iorio
N.Y. App. Div. · 2016 · 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 (see Gordon v Gordon, 113 AD3d 654, 655 [2014]; DiBlasi v DiBlasi, 48 AD3d at 404 ; Bains v Bains, 308 AD2d 557, 559 [2003]).
discussed Cited as authority (rule) Cohen v. Cohen
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court providently exercised its discretion in finding that the defendant was entitled to only a 25% share of the plaintiff’s interest in his law firm (see Gordon v Gordon, 113 AD3d 654, 655 [2014]; Baron v Baron, 71 AD3d 807, 809 [2010]; Ciampa v Ciampa, 47 AD3d 745, 747 [2008]).
discussed Cited as authority (rule) Diaz v. Diaz
N.Y. App. Div. · 2015 · confidence medium
The Supreme Court properly considered the relevant factors in determining the amount and duration of maintenance, including the duration of the marriage, the present and future earning capacity of the parties, the plaintiff’s lost earning capacity and her ability to be self-supporting, and the presence of the children in her home (see Domestic Relations Law § 236 [B] [6] [a]; Hainsworth v Hainsworth, 118 AD3d 747, 748 [2014]; Clark v Clark, 117 AD3d 668, 669 [2014]; Gordon v Gordon, 113 AD3d 654, 655 [2014]).
discussed Cited as authority (rule) Carroll v. Carroll
N.Y. App. Div. · 2015 · confidence medium
“The factors to be considered in a maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties” (Gordon v Gordon, 113 AD3d 654, 654-655 [2014]). “ ‘Maintenance is designe…
discussed Cited "see" Pandis v. Lapas
N.Y. App. Div. · 2019 · signal: see · confidence high
"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 be[ ] self-supporting" ( D'Iorio v D'Iorio , 135 AD3d 693, 696 ; see Gordon v Gordon , 113 AD3d 654, 655 ).
discussed Cited "see" DiLascio v. DiLascio
N.Y. App. Div. · 2019 · signal: see · confidence high
Moreover, we agree with the court's determination that the remaining funds that the defendant withdrew were used to pay the parties' joint obligations ( see id. , at 833; Raynor v Raynor , 68 AD3d at 838 ). " [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'" ( Castello v Castello , 144 AD3d 723, 726 , quoting Wortman v Wortman , 11 AD3d 604, 606 ; see Fenech v Fenech , 141 AD3d 683, 685 ). " [F]actors to be considered in [the determination of] a maintenance award are, among othe…
Retrieving the full opinion text from the archive…
Lisa Gordon
v.
Laurence Gordon
Appellate Division of the Supreme Court of the State of New York.
Jan 15, 2014.
113 A.D.3d 654
Cited by 32 opinions  |  Published

“ ‘[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’ ” (Giokas v Giokas, 73 AD3d 688, 688 [2010], quoting Wortman v Wortman, 11 AD3d 604, 606 [2004]). The factors to be considered in a[*655] maintenance award are, among others, the standard of living of the parties, the income and property of the parties, the distribution of property, the duration of the marriage, the health of the parties, the present and future earning capacity of the parties, the ability of the party seeking maintenance to be self-supporting, the reduced or lost earning capacity of the party seeking maintenance, and the presence of children of the marriage in the respective homes of the parties (see Domestic Relations Law § 236 [B] [6] [a]; Meccariello v Meccariello, 46 AD3d 640, 641-642 [2007]; Griggs v Griggs, 44 AD3d 710, 711-712 [2007]). “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 Scarlett v Scarlett, 35 AD3d 710, 711 [2006]). Here, considering the relevant factors, the amount and duration of the award of maintenance was a provident exercise of discretion.

Contrary to the plaintiff’s contentions, the trial court providently exercised its discretion in awarding her 20% of the defendant’s interest in Floral Management Realty Corporation. The award of 20% “takes into account the plaintiffs minimal direct and indirect involvement in the defendant’s company, while not ignoring her contributions as the primary caretaker for the parties’ children, which allowed the defendant to focus on his business” (Baron v Baron, 71 AD3d 807, 809 [2010]; see Ventimiglia v Ventimiglia, 307 AD2d 993, 994 [2003]; Wagner v Dunetz, 299 AD2d 347, 349 [2002]).

The trial court, however, erred by not addressing the payment of the unreimbursed health care expenses of the parties’ children. Generally, the obligation to pay those expenses is to be prorated in the same proportion as each parent’s income is to the combined parental income (see Domestic Relations Law § 240 [1-b] [c] [5] [v]). Here, the trial court determined that the defendant’s income represented 100% of the combined parental income. Consequently, we modify the judgment to include a provision directing the defendant to pay 100% of the children’s unreimbursed reasonable health care expenses (see Domestic Relations Law § 240 [1-b] [c] [5]; Griggs v Griggs, 44 AD3d at 714; Sicurelli v Sicurelli, 285 AD2d 541, 542-543 [2001]).

We decline to consider the plaintiffs request for an award of an attorney’s fee incurred in connection with this appeal. This request should be addressed in the first instance to the Supreme Court (see Smulevitz v Smulevitz, 91 AD3d 752, 753 [2012]; Kane v Rudansky, 309 AD2d 785, 785 [2003]). Eng, P.J., Dickerson, Chambers and Hall, JJ., concur.