Enhanced Earnings Capacity

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.

13 minute read July 27, 2005 at 01:31 PM

Alton L. Abramowitz

Part One of a Two-Part Article

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Enhanced Earnings Capacity

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Real Property Law

Entrepreneurship Is Already Hard: Rising Above Extraordinary Personal Crises to Build an Award-Winning Professional Reputation

Applying the Zero Trust Model to Manage Risks of Agentic AI

California’s AI Transparency Stack: From State Obligation to Adoption Strategy