I love the new no-fault divorce law and this letter will explain why. I am an experienced matrimonial attorney representing a man who, in this instance, is the unmonied spouse; the one with few assets. His wife of 25 years earns more than $100,000 a year and she receives the interest earned on a million dollar inheritance. My client, a professional businessman, lost his job and was unemployed for at least two years. He finally found a part time teaching job.
The laws applying to temporary maintenance and interim counsel fee award is gender neutral and the non-monied spouse should be entitled to an award of temporary maintenance in accordance with the status quo. Based on the law and court decisions, my client qualifies for temporary maintenance and interim counsel fees yet our motion seeking pendente lite relief was denied on both counts.
