In a family law motion arising from separation after a long marriage with four children, the applicant sought interim custody, exclusive possession of the matrimonial home, spousal and child support, interim disbursements, and other relief.
The parties had entered a marriage contract waiving spousal support, but the court found that circumstances since the contract—particularly the birth of four children and the applicant’s extended absence from the workforce as primary caregiver—rendered the waiver inapplicable for interim purposes.
Applying Miglin principles, the court held the spousal support waiver invalid with respect to interim support and ordered monthly interim spousal support.
The court also granted the applicant interim custody, established access for the respondent, ordered child support based on an income of $250,000, granted exclusive possession of the matrimonial home to the applicant, and ordered interim funds for legal and valuation expenses.