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Tracking Enhanced Earnings Awards

By Ronnie P. Gouz and Benjamin E. Schub

Ever since the 1985 landmark case of O'Brien v. O'Brien, 66 N.Y.2d 576 (1985), was decided by the New York Court of Appeals, the concept of enhanced earning capacity (EEC) has been one of the most controversial areas in New York matrimonial law practice. The controversy stems from the fact that although degrees, licenses and other educational attainments earned during the marriage have no real tangible value, these educational attainments are valued and distributed as marital property in New York divorce actions just like bank accounts and other tangible assets.

A Call for Change

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