ROSENSTOCK v. ROSENSTOCK (Supreme Ct, Kings County)

The wife in this matter requested that the court equitably distribute the enhanced earnings capacity of the husband’s medical license which she alleges was obtained in part during the parties’ marriage.  Here, the husband testified that he completed medical school in 2006 and passed his licensing exam in 2008.  The parties were married in September 2009.  Nothing in the record established that he obtained any board certifications during the marriage.  Therefore, the court denied the wife’s contention for equitable distribution because the medical license was the husband’s separate property.  Furthermore, the wife never established the value of such enhanced earnings capacity through the retention of an expert or court appointed appraiser even if there was a potential entitlement.