O'Brien v. O'Brien

OPINION OF THE COURT

Simons, J.

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 (114 Mise 2d 233). On appeal to the Appellate Division, a majority of…