Opinion
June 6, 1994
Appeal from the Supreme Court, Rockland County (Meehan, J.).
Ordered that the order is modified, on the law, by adding a provision thereto excepting the dividends and interest from the husband's Merrill Lynch cash management account from the property which the husband is enjoined from transferring, secreting, or hypothecating; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements.
Pendente lite maintenance is appropriate to enable the poorer spouse to meet his or her needs during the pendency of a matrimonial action (see, Marohn v. Marohn, 157 A.D.2d 771). Such interim awards should reflect an accommodation between the reasonable needs of the moving spouse and the financial ability of the payee spouse with due regard for the parties' preseparation standard of living (see, Polito v. Polito, 168 A.D.2d 440). Pendente lite awards are subject to modification, for example, when the payor spouse is left with insufficient funds to meet his or her own reasonable expenses (see, Androvett v Androvett, 172 A.D.2d 792; see also, Fascaldi v. Fascaldi, 186 A.D.2d 532) and when they are clearly deficient (see, Polito v Polito, supra).
Notwithstanding the general rule that perceived inequities resulting from a pendente lite support order are best alleviated by pursuing a speedy resolution of the divorce action (see, Katzenberg v. Katzenberg, 166 A.D.2d 417; Basch v. Basch, 114 A.D.2d 829; Perelman v. Perelman, 110 A.D.2d 629), we modify the pendente lite order in this case because it results in a significant inequality in the income available to the spouses pending the final determination of the matter. Also, it has been in full force and effect since March 1992, and, therefore, the consequences of the inequality have been more than temporary. Pursuant to the order, the husband's available income after payment of all expenses and maintenance is approximately $600 compared to the wife's available income of approximately $1200. By releasing the additional Merrill Lynch dividends and interest that had been restrained, the husband will receive additional income pendente lite to enable him to meet his support obligations and to provide for his own needs.
We are satisfied that the court providently exercised its discretion in ordering the husband to pay $200 per week in pendente lite maintenance plus the housing and related expenses.
We have reviewed the husband's remaining contentions and find them to be without merit. Balletta, J.P., Miller, Lawrence and Goldstein, JJ., concur.