Barnard v Barnard

Holding The judgment of divorce was modified to award the defendant a 50% share of the plaintiff’s savings and checking accounts and to delete the retroactive child support award pending recalculation with appropriate credits for mortgage payments. The appellate court affirmed the maintenance award and counsel fees as a provident exercise of discretion.

The court’s words

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

2026 NY Slip Op 05264, at the official text

Property acquired during the marriage is presumed to be marital property and the party seeking to overcome such presumption has the burden of proving that the property in dispute is separate property

2026 NY Slip Op 05264, at the official text

An award of counsel fees is a matter within the sound discretion of the trial court, taking into consideration the equities and circumstances of the particular case

2026 NY Slip Op 05264, at the official text