Summary
In Solomon v. Solomon (224 A.D.2d 331 [1st Dept. 1996], supra), there was no prenuptial agreement which prohibited an award of counsel fees.
Summary of this case from Arizin v. CovelloOpinion
February 22, 1996
Appeal from the Supreme Court, New York County (David Saxe, J.).
While a prenuptial agreement might restrict or waive a spouse's right to maintenance and equitable distribution, it does not bar temporary relief, including temporary maintenance, interim counsel fees, and a temporary injunction against the disposing of marital property ( Tregellas v. Tregellas, 169 A.D.2d 553; Taft v Taft, 156 A.D.2d 444, 446). The amounts awarded for interim counsel fees and maintenance both appear to be reasonable. The parties' remedy for inequities in this regard is a speedy trial ( Frankel v. Frankel, 150 A.D.2d 520). It was also a proper exercise of discretion to temporarily restrain defendant from, inter alia, transferring or disposing of marital assets except for ordinary and routine living and business expenses, since defendant retains exclusive control over virtually all of the parties' assets, and his unilateral decision to transfer, sell, or otherwise encumber such assets would serve to deprive plaintiff of her equitable share thereof under the parties' prenuptial agreement ( supra).
Concur — Milonas, J.P., Wallach, Ross and Mazzarelli, JJ.