Jacqueline Kay v. Sidney G. Kay

[37 N.Y.2d 632 Page 634] In this action for divorce against a husband, Special Term granted his wife and children permanent alimony and child support totaling $18,000 plus the family residence. The Appellate Division (45 A.D.2d 1018) modified by increasing that sum to $31,000 on the grounds that Special Term's award failed to reflect adequately the predivorce standard of living. The husband now appeals, raising questions as to whether permanent alimony and support awarded against a husband may exceed his income, whether his capital resources may be considered in fixing such amounts and whether the wife should be compelled to seek employment to help support herself and the children.