KIM v SHILLER (Appellate Division, 2nd Department)

Here, the defendant-husband’s medical degree and license were attained during the parties’ marriage.¬† The Supreme Court determined plaintiff-wife had made significant indirect contributions in support of defendant attaining his degree and licensure including¬† working full time throughout the marriage, taking care of the parties’ two children, cooking family’s meals and performing housekeeping duties entitled her to 50% of the enhanced earnings of the defendant.¬† However because the defendant-husband also made accommodations for the sake of the plaintiff’s career and her desire to remain near her family as well as making financial contributions to the family during his tenure in medical school, the Appellate Court has reduced the marital portion of the enhanced earnings capacity from 50% to 30%.

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