In Culen v. Culen, 2018 NY Slip Op 00541, the Second Department Appellate Division upheld the decision from Westchester County Supreme Court (Justice Wood) to award the wife 25% of the value of husband’s diving services company, Hudson Marine, Inc. The parties were married for 26 years. The Appellate Court acknowledged that it was proper for the trial court to consider that the husband stood to receive an inheritance from his aunt’s estate.

Although the decision did not specify the relative incomes of the parties, it did report that the wife was awarded maintenance of $2,200 per month for five years and maintenance of $1,000 per month for an additional three years.

With regard to duplication between distributive awards and spousal maintenance, the Second Department persisted in its economically flawed position that there can be no duplication when a business interest is equitably distributed. For a more complete discussion of the issue of duplication and the flawed logic of Keane v. Keane, see The Inequity of Keane: A Call for Reform, as published in the Spring/Summer 2016 (Vol. 48, No. 1) edition of the Family Law Review.

The husband was represented by William Martin of Martin & Colin, P.C. The wife was represented by Joan Iacono.