ADAMI & ADAMI

In the matter of *Adami & Adami*, heard before Berman J, the dispute concerned interim property distribution and spousal maintenance. The wife sought an interim property distribution, and the court considered whether such an order would be just and equitable, particularly in light of the available equity in a property which could accommodate any necessary "clawback" at final settlement. The wife also sought spousal maintenance, requiring the court to assess her reasonable needs and the husband's ability to meet them.

The primary legal issues before the court were whether to make an interim order for the distribution of property and whether to grant spousal maintenance. Specifically, the court had to determine if the proposed interim property distribution was just and equitable in the circumstances, and if so, to what extent. Concurrently, the court was required to assess the wife's reasonable financial needs and the husband's capacity to satisfy those needs through spousal maintenance payments.

Berman J reasoned that an interim property distribution was appropriate and just and equitable in the circumstances, noting that there was sufficient equity in the relevant property to allow for any necessary adjustments at the final property settlement. The court also considered the factors relevant to spousal maintenance, including the wife's reasonable needs and the husband's financial capacity. The court ordered that $35,000 from the net proceeds of sale of B Street be paid to the wife's solicitors. Additionally, certain provisions regarding fuel and mobile telephone expenses from prior orders were discharged, and the application in a case and response filed by the parties were dismissed.