| New York divorce law provides for a much more | | | | York courts in a divorce case involving a spouse who |
| expansive definition of marital property than is found | | | | acquired celebrity status during a marriage. Golub v. |
| in most other states. The definition applied by New | | | | Golub, 139 Misc.2d 440 (Sup. Ct. New York County). |
| York courts bears little resemblance to traditional | | | | The court's determination that celebrity status was |
| concepts of "property" as that term is understood | | | | subject to equitable distribution was considered by |
| under common law. | | | | many to be a relatively straightforward application of |
| In the context of divorce, property is defined as | | | | the principals enunciated by the Court of Appeals in |
| "things of value arising out of the marital relationship." | | | | O'Brien. |
| O'Brien v. O'Brien, 66 N.Y. 2d 576, 583 (1985). "Things | | | | However, more recent suggestions that "enhanced |
| of value" may be tangible or intangible. Elkus v. Elkus, | | | | earning capacity" is subject to distribution, even |
| 169 A.D.2d 134 (1st Dept. 1991). Marital property, as | | | | absent special circumstances such as celebrity status, |
| that term is used in the Domestic Relations Law, | | | | have generated controversy among New York's |
| includes pensions, advanced degrees, and professional | | | | matrimonial bar. The concern is that New York |
| licenses that, in other contexts, might not be | | | | divorce law is going to an unsustainable extreme in |
| recognized as "property". New York's Court of | | | | finding property interests, and that unsuspecting |
| Appeals determined that in divorce, a professional | | | | litigants are being unnecessarily forced into costly |
| license is an item of value subject to equitable | | | | divorce litigation involving complex appraisals. |
| distribution because of its value, as well as the | | | | The broad definition of marital property under New |
| money, effort, and lost opportunity for employment | | | | York divorce law translates into more expensive and |
| expended in its acquisition. More recently, there has | | | | complex divorce cases. Perhaps the easiest proactive |
| been disagreement about whether enhanced earning | | | | measure is that chosen by many New York residents |
| capacity (even absent a license or a degree) may be | | | | - a prenuptial agreement that specifically sets forth |
| considered an item of value subject to equitable | | | | each parties' interests, rights, and responsibilities. |
| distribution. This issue was first decided by the New | | | | |