AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

EILEEN R. SOLOMON, Respondent-Appellant, v. ARTHUR P. SOLOMON, Appellant-Respondent.

While a prenuptial agreement might restrict or waive a spouse's right to maintenance and equitable distribution, it does not bar temporary relief, including temporary maintenance, interim counsel fees, and a temporary injunction against the disposing of marital property ( Tregellas v. Tregellas, 169 A.D.2d 553; Taft v Taft, 156 A.D.2d 444, 446). The amounts awarded for interim counsel fees and maintenance both appear to be reasonable. The parties' remedy for inequities in this regard is a speedy trial ( Frankel v. Frankel, 150 A.D.2d 520). It was also a proper exercise of discretion to temporarily restrain defendant from, inter alia, transferring or disposing of marital assets except for ordinary and routine living and business expenses, since defendant retains exclusive control over virtually all of the parties' assets, and his unilateral decision to transfer, sell, or otherwise encumber such assets would serve to deprive plaintiff of her equitable share thereof under the parties' prenuptial agreement ( supra).

Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.

Use AI to get other relevant cases.

Comments

SOLOMON v. SOLOMON
(Feb 22, 1996)