D’ALAURO v. D’ALAURO (App Div., 2nd Dep’t)

The plaintiff-wife appealed a decision of the Supreme Court which failed to award the plaintiff any retroactive child support or a portion of the defendant-husband’s 401K, failed to require the defendant to pay any of the parties’ pre-commencement credit card debt, unreimbursed medical expenses and college costs, and directed defendant to receive a 4% fee from the sale of the marital residence as a fee for acting as receiver on the sale.  Pursuant to the Appellate Court, the judgment was modified to include a provision directing defended to pay $25,000 of the pre-commencement credit card debt and deleted the provision which directed defendant to receive a 4% fee for the sale of the marital residence.

The plaintiff also appealed the Supreme Court’s decision to award maintenance for a limited duration, rather than lifetime maintenance.  After consideration of factors specific to the case (i.e. the standard of living of the parties during the marriage, duration of the marriage, present and future earning capacities of the parties, etc.), the Court did not award the plaintiff lifetime maintenance.  The Court did, however, extend the duration of the maintenance from 5 years to 10 years.