Husband Wins at Trial – Awarded 50/50 Split of All Assets Although He Was the Non-Monied Spouse and Tested Positive for Cocaine Four Months Prior to the Start of Trial!! – August 2011
Martin & Colin, P.C. announces that it has won a trial court victory in Supreme Court, Westchester County, for the husband and father of three children in a contested divorce. The husband’s testimony at trial established that: throughout the 20+ year marriage, the wife worked on Wall Street making a substantial income but was away from the children for most of the workday; initially, the husband had successfully owned and operated a local business; but as the children grew older, the husband’s business suffered because he frequently stayed home to serve as the children’s primary caregiver; ultimately, he closed the business rather than have three teenage daughters return from school each day to a home that had no parental caregiver and no parental supervision. The wife testified at trial that the husband was a lazy, good-for-nothing spouse who liked to party late into the night and sleep all day. She elicited trial testimony that a chemical test demonstrated that the husband had engaged in recent, and frequent, cocaine use.
After trial, the judge ordered that all marital assets be sold and the proceeds evenly divided; that all marital debts be paid off from the sale of the marital assets; that the wife pay the husband spousal maintenance; and that the husband pay child support to the wife. The child support amount to the wife was set as a percentage of the husband’s earning capability; the spousal maintenance amount to the husband was for a period of three years.