In Wyser-Pratte v. Wyser-Pratte, the Appellate Division, First Department, agreed with the lower courts 35% allocation to the wife of husband’s brokerage and investment management companies. The Lower court’s assessment was based on the husband’s possession of substantial business assets and skills he had prior to the marriage. However the Appellate Division did not agree with the lower court’s treatment of the deferred incentive fees owed to the investment management company as business assets subject to the 65%/35% division, and modified to equalize each party’s share at 50%. Husband caused the company to defer receipt of payment from the fund to benefit the fund’s performance by increasing the amount available for investment. The fees were earned during the parties’ marriage and were considered marital property.