Greisman v. Greisman (Appellate Division, Second Department)
The Supreme Court awarded the defendant-wife 1/3 of the value of the husband’s enhanced earnings capacity and 1/3 of the value of the husband’s accounting practice. The husband contends that the Supreme Court double counted with respect to the maintenance award. However, the Appellate Court determined that even though a portion of the value of the enhanced earning was distributed as marital asset, the maintenance award was correct as it was not based upon his excess income. Additionally, the opinion of the neutral expert who valued the husband’s business and license was not contested and the Supreme court rightfully utilized these values as they were proper calculations.