Question: 1. When Loretta OBrien sued her husband Michael for divorce, what claim did she make with respect to the marital property of the couple? 2.
1. When Loretta O’Brien sued her husband Michael for divorce, what claim did she make with respect to the marital property of the couple?
2. What was the basis of her claim?
3. How does the court define marital property in this case?
4. What moral principles are reflected in the New York equitable distribution statute?
Simons, Judge
In this divorce action, the parties’ only asset of any consequence is the husband’s newly acquired license to practice medicine. The principal issue presented is whether that license, acquired during their marriage, is marital property subject to equitable distribution under Domestic Relations Law § 236(B)(5). Supreme Court held that it was and accordingly made a distributive award in defendant’s favor. It also granted defendant maintenance arrears, expert witness fees and attorneys’ fees..
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1 Michael sued Loretta for divorce after almost 10 years of marriage Loretta sought to have the value of Michaels medical degree and license classifie... View full answer
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