Rodriguez v. Rodriguez (Appellate Division, Second Department)

Initially, the supreme court awarded the wife 30% of the husband’s enhanced earnings derived from his medical license on the testimony of the wife that she cared for the parties children, provided economic support, and sacrificed her education for the husband to pursue his medical degree.  However, the Supreme Court erred in failing to apply and appropriate coverture fraction in the valuation of the medical education completed before the marriage.  The wife received a medical degree in Spain from a combined undergraduate/graduate medical program and contrary to the supreme court’s findings, the work completed prior to the marriage in this program would not have only been equivalent to an undergraduate degree in the US., as such, the coverture was determined to be 50% completed prior to marriage and the matter remitted to the Supreme Court so that the EEC award could be recalculated.