The applicant wife moved for an order for $300,000 in interim costs, or alternatively, for the sale or encumbrance of the matrimonial home to fund ongoing family law litigation.
The court found that while res judicata did not bar the motion, the wife failed to meet her evidentiary burden.
She did not demonstrate that her claims regarding the marriage contract and family trust were meritorious, that the husband had the ability to pay the requested amount, or that the proposed expert fees and legal costs were necessary and reasonable.
The motion was dismissed with costs awarded to the husband.
