Haspel v. Haspel (Appellate Division, Second Department)

The court determined that the enhanced earnings determined by the Supreme Court was calculated in error. Upon review of the facts, it was determined that the wife was entitled to 25% rather than 50% of the husband’s enhanced earnings, therefore it was sent back to the Supreme Court because up to an additional 25% of the income not distributed was available for maintenance without double dipping. The court also determined that the Supreme Court’s use of $75,000 as the total enhanced earnings subject to equitable distribution was not properly calculated to include the net present value of the 15 subsequent years of enhanced earnings preceding the age of 65.