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IN THE MATTER OF MONIER v. MONIER III

20 A.D.3d 537 (2005)

800 N.Y.S.2d 426

In the Matter of CATHERINE A. MONIER, Respondent, v. PHILIP MONIER III, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 18, 2005.

Ordered that the order is affirmed, with costs.

The appellant contends that the directive that he pay 50% of the monthly mortgage expense of the marital residence, which is jointly owned by the parties, is in violation of the parties' prenuptial agreement which waived spousal support. On the contrary, the mortgage constitutes a joint obligation of the parties acquired during the marriage (see Rubin v Rubin, 262 A.D.2d 390

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