McAuliffe v. McAuliffe (Appellate Division, Third Department)

The wife challenged the Supreme Court’s decision that of the wife’s enhanced earnings of $149,000, 15% was awarded to the husband. The appellate court determined that the husband did not, in fact, meet his burden of proof to show that her degrees resulted from anything other than the wife’s own hard work and ability as she was working full time and going to school at night and weekends and that her employer was reimbursing her for her expenses such as tuition and books. Additionally, the court also determined that there was no record to even support the finding that the degrees enhanced her income after 1993 and as such the Supreme Court erred in awarding a percentage of the wife’s enhanced earnings to the husband.