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Cervoni v. Cervoni, 7/14/16
April 20, 2017

The trial court properly awarded spousal support to a wife and equitably distributed the marital property as the trial court considered the factors in Domestic Relations Law ? 236. The husband had far greater financial resources than his lack of personal banking accounts and the meager reported income would suggest. The trial court relied upon the income disparity between the parties, the length of the marriage, and the financial sacrifices made by the wife in fashioning the maintenance award. While an excavator and a vibratory roller were counted twice, the trial court properly considered depreciation in valuing the assets of the husband’s business, and the husband failed to assert that certain equipment was actually valueless or no longer in the company’s possession. The lower court’s judgment was affirmed as modified.