In Re Marriage of Weinstein

Jill Weinstein appeals from the judgment in an action for dissolution of marriage awarding her $8,500 per month in spousal support. Appellant contends the award must be reversed because the trial court employed an erroneous definition of marital standard of living, failed to award sufficient support to satisfy the need it determined to exist and refused to order retroactive support payments.

Statement of the Case

On February 18, 1987, after 21 years of marriage, respondent Stephen Weinstein filed a petition for dissolution of marriage. Marital status was terminated on February 3, 1988. On February 5, the parties stipulated that respondent would pay appellant temporary support of $2,000 per month in order to allow him to deduct the support for tax purposes, noting that this was not a determination of the proper amount of support. On May 18, the parties agreed that respondent would pay appellant an additional $6,000 for the month of April and a total of $7,500 for each month thereafter, plus $1,000 per month for a four-month period to cover moving expenses, reserving all rights to argue the sufficiency of this support order. Appellant was allowed exclusive use of the…