McAuliffe v. McAuliffe (Appellate Division, Third Department)

In McAuliffe v. McAuliffe, decided on February 11, 2010 (Appellate Division, Third Department), the wife challenged the Supreme Court’s distribution of the parties’ enhanced earning capacities resulting from the degrees the parties acquired during their marriage. The Appellate Division found that the Supreme Court erred in awarding a percentage (15%) of the value of the wife’s degrees to the husband. The lower court made no finding that the husband had contributed in a meaningful and substantial way to her efforts in obtaining her degrees. The court agreed with the lower court’s determination that the husband’s engineering degree did not enhance his earning capacity.

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