IN THE MATTER OF MONIER v. MONIER III

Ordered that the order is affirmed, with costs.

The appellant contends that the directive that he pay 50% of the monthly mortgage expense of the marital residence, which is jointly owned by the parties, is in violation of the parties' prenuptial agreement which waived spousal support. On the contrary, the mortgage constitutes a joint obligation of the parties acquired during the marriage ( see Rubin v. Rubin, 262 AD2d 390, 391). As noted by the Support Magistrate in her supplemental findings of fact, it is "appropriate to award 50% of the monthly mortgage expense in an effort to preserve the marital asset, and most significantly, to maintain the home and the standard of living" of the three minor children of the marriage.