Sotnik v. Zavilyansky (Appellate Division, Second Department)
The Supreme Court of Kings County failed to award the husband a portion of the wife’s enhanced earnings capacity from her medical license which she attained during the marriage. Upon reviewing the appeal and the circumstances of the case, the appellate court determined that the husband’s contribution to the wife’s attainment of her license was minimal and that the Supreme Court was correct in determining that the husband was not entitled to any distributive share of the plaintiff’s enhanced earnings capacity, citing the conclusion of law in Esposito-Shea v. Shea regarding enhanced earnings, which was featured in our June 2012 Newsletter.