Two recent cases in our office have highlighted the legal and procedural conundrums occasioned by parties residing in different states at the time divorce proceedings are commenced, where one of the spouses earned a medical degree and obtained medical licenses and board certifications (ie, enhanced earning capacity) during the course of the marriage. As most readers of this publication are surely aware, New York is the only major jurisdiction in our nation to value enhanced earning capacity for purposes of equitable distribution. Thus, whether the case is litigated in New York or in a different state can have a marked effect on the outcome of the financial aspects of the case, to the tune of hundreds of thousands of dollars, if not more.
Part One of a Two-Part Article
Two recent cases in our office have highlighted the legal and procedural conundrums occasioned by parties residing in different states at the time divorce proceedings are commenced, where one of the spouses earned a medical degree and obtained medical licenses and board certifications (ie,
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