Mueller v. Mueller
Opinion of the Court
Ordered that the order is modified, on the facts and in the exercise of discretion, by increasing the award of interim counsel fees from the sum of $10,000 to the sum of $25,000; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiffs contention that the Supreme Court’s pendente lite maintenance award is inadequate is without merit. “Pendente lite awards should be an accommodation between the reasonable needs of the moving spouse and the financial ability of the other spouse . . . with due regard for the preseparation standard of living” (McGarrity v McGarrity, 49 AD3d 824, 825 [2008] [internal quotation marks omitted]). In addition to awarding the plaintiff temporary maintenance in the sum of $650 per week, the Supreme Court directed the defendant to pay the carrying charges on the marital residence, including mortgage payments, taxes, utilities, pool maintenance, and other household expenses. Moreover, the defendant was directed to maintain various types of insurance coverage for the plaintiff and the parties’ children, and to pay reasonable expenses associated with the parties’ vehicles. Under these circumstances, the temporary maintenance award was sufficient to meet the plaintiffs reasonable needs during the pendency of this action (id,.; see Cooper v Cooper, 7 AD3d 746, 747 [2004]; Pascale v Pascale, 226 AD2d 439, 440 [1996]).
The plaintiffs contention that the Supreme Court erred in declining to award her pendente lite child support for the parties’ two children is similarly without merit. Both the plaintiff and the children continued to reside with the defendant in the marital residence, and there was no evidence that the children were not being properly cared for by the defendant (cf. Cataldi v Shaw, 101 AD2d 823, 824 [1984]).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.