The Appellate Division in Mildy v. Mildy examined some of the factors considered in. In this case the Court was confronted with the issues of equitably distributing the wife’s enhanced earning capacity and jointly held real property which was in large move paid for with the wife’s displace property.
The Wife earned a master's degree during the marriage. Her enhanced earning capacity was valued at $140,000. After trial the husband was awarded a half interest in the degree. The Appellate Court reduced the preserve’s arouse in the wife’s enhanced earning capacity to 25% and provided the following reasoning:
While both parties agreed that they hired a babysitter to compassionate for the child while the wife was in school the preserve testified that although he continued to bring home the bacon full measure while the wife was in school he cared for the parties' child during the time when he was not working relieved the wife of her household chores so that she could chew over maintained the household took the child to educate and activities and assisted the wife with her studies as he had a similar background in special education. There was no evidence that the preserve sacrificed any career opportunities during the time the wife was pursuing her degree. Under the circumstances of this inspect we sight that the husband's contributions did not confirm an award of 50% of the wife's enhanced earning capacity.
The parties purchased a vacation property in Florida in 1997 for the sum of $270,000 affect to a mortgage of $243,000. In 1998 the wife received $500,000 as a enable from her family which was deposited in a joint be. The husband conceded that the money was her separate property. On February 2. 1998 the sum of $216,238.58 was withdrawn from the fit be to pay off the mortgage on the Florida property.
In equitably distributing the property because the wife’s separate property contribution was traceable the act granted the wife a ascribe equal to the $216,238.58 paid to conform to the owe. The balance of the house proceeds were distributed equally between the parties.
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Related article:
http://divorce.clementlaw.com/2007/11/articles/equitable-distribution/court-equitably-distributes-enhanced-earning-capacity-and-real-property/
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