The Impact of Milner v. Milner On Spousal Support

If you are currently going through or contemplating an alimony suit then your lawyer must be familiar with the 1996 state Appellate Court decision Milner v. Milner. It made headlines by allowing a case of temporary, rehabilitative alimony to be converted to permanent alimony.

During their initial trial period, the husband agreed to pay the wife alimony over a period of 94 months. However, near the end of the period the wife sought to have this changed to permanent alimony. The first trial court to hear the case denied the permanent alimony but extended the rehabilitative alimony. When the husband appealed this decision, the Appellate court reversed and remanded the lower court's decision, ultimately giving the wife permanent alimony. 

At the time of that appellate hearing her monthly alimony was scheduled to be $2,850 per month. It has since then been reduced to $100 per month and, as a result, Milner says that she has been essentially homeless since the reduction in 2007. The ex-wife, now 70, has had her savings drained due to the constant legal battles with her ex-husband. 

Have questions about alimony?  Now is the time to speak with a family lawyer.