CMS v. WTS (Supreme Court, Monroe County)

In this particular matrimonial matter, several items were in contention including the parties retirement accounts as well as their enhanced earnings capacity. Both parties obtained advanced degrees during the marriage and each party likely contributed to their respective retirement and deferred compensation accounts during the marriage as it had a duration of 28 years. However, in regards to the advanced degrees for the parties, neither offered an expert’s report on the matter and due to this lack of proof, the court declined to award either party any share of the enhanced earnings. As of the retirement/deferred compensation account, neither party met their burden of proof as no documents were admitted at trial to show the natures or the values of the accounts at any time. As such, the court also declined to provide any determination as to the proper distribution of such assets.