McCAFFREY v. McCAFFREY (Appellate Division, Third Department)
The Supreme Court awarded to the wife 15% of an enhanced earnings of the husband. The husband appealed the decision citing that the wife failed to prove that the degrees resulted in any enhancements nor was it due to any contribution by the wife. The Appellate Court rejected such motion because while the testimony of witnesses said that his degrees were not required for a promotion, neither testified that his degrees were not a factor in his promotions. Additionally, the wife altered her schedule and household duties to enable the husband to obtain the degrees and part of the marital funds were used to pay school tuition.