Marjorie Hornung v. Robert Hornung

Summary

The court held that the trial court's $7.5 million lump sum alimony award was alimony rather than an impermissible property distribution under the parties' prenuptial agreement, because the court characterized it as support and permissibly considered equitable factors and the marital standard of living. The court nevertheless held that the trial court abused its discretion by awarding the plaintiff trial and appellate attorney's fees despite the substantial liquid assets provided by the financial orders. The judgment was affirmed as to the lump sum alimony award and reversed as to attorney's fees, with a limited remand directing denial of those fee requests. Zarella, J., dissenting, would have treated the lump sum award as a functional property distribution and ordered a new hearing on all financial matters.