Papanicolaou v. Papanicolaou
A court can award a wife 25 percent of the net proceeds of sale, if a spouse sells his business. Prior to marrying in 1983, the parties, who are Greek, did not date. They moved to the U.S. and had three children. The husband, 51, worked at Nick's Country Kitchen in Bethlehem and later purchased that restaurant and started the Mad Greek Wood Fire Pizzeria. Currently, the husband owns 33 percent of Big Daddy's. The wife, 52, worked at the restaurants as a waitress. The wife filed for bankruptcy in 2010 to discharge the mortgage for the marital residence. The mortgage was only in her name. Early in the marriage, the parties argued. The husband sometimes stayed out late, and the wife apparently concluded he had had an affair. In 2011, the husband allegedly placed his hands on the wife's throat and claimed that she had abandoned the family for another man. The police arrested the husband for strangulation and assault. The wife received a court order that prevented the husband from communicating with the wife for life. The husband presented evidence that the wife wrote romantic letters to a man who rented an in-law apartment. Apparently, the wife's letter indicated that the sexual relationship dated back seven years. The court found that the wife was at greater fault for the breakdown of the marital relationship, because she allegedly engaged in an extramarital affair. The husband earns approximately $950 per week. The court rejected the wife's claim that the husband did not maximize earnings from the pizzeria, which provides his primary source of income. The court ordered the husband to pay alimony of $550 per week, until the wife's marriage or cohabitation, or the husband's incapacity as a result of disability. The court awarded the wife 25 percent of the husband's net proceeds, if the husband sells the pizzeria. The court awarded the husband his interest in Big Daddy's. The court awarded each party accounts and investments and ordered that they hold each other harmless from debt. The court ordered the husband to pay $10,000 toward the wife's attorney fees.