Jason Silver

The applicant brought a motion for temporary spousal support and interim disbursements following the breakdown of a 23-year traditional marriage.

The court imputed an income of $0 to the applicant and determined the respondent's income for support purposes to be over $2 million, adding back personal expenses paid by his corporations (including significant auto racing expenses for their son) and a portion of pre-tax corporate income.

The court ordered the respondent to pay temporary spousal support of $45,000 per month and a further interim disbursement of $100,000 to allow the applicant to fund her litigation and expert fees.

The parties appealed an arbitrator's award regarding financial issues following their separation.

The central issues involved the calculation of the respondent's equalization payment, including the treatment of inherited properties and title to the matrimonial home, as well as the calculation of his income for spousal and child support purposes.

The Superior Court of Justice found that the arbitrator erred in allowing the respondent to claim sole ownership of the matrimonial home, applying the doctrines of issue estoppel and res judicata based on a prior consent award for its sale.

The court also corrected the arbitrator's calculation of the respondent's income for support purposes, but otherwise dismissed the appeals regarding the treatment of inherited property, spousal support duration, and prejudgment interest.