Elkus v. Elkus

169 A.D.2d 134, 572 N.Y.S.2d 901 (1991)

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Nature of the Case

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Facts

Mrs. Elkus (P), an opera star, married Mr. Elkus (D), her voice coach at the beginning of her career in 1973. P went on to become an opera star. From 1973 to 1989 P’s income increased from $2,250 to $621,878. P is now a celebrated artist with the Metropolitan Opera and an international recording artist, concert, and television performer. During the marriage, D traveled with P, and was her voice coach and teacher for ten years of the marriage. D contends that he sacrificed his own career to coach P and take care of their children. The marriage dissolved, and P sued for divorce in 1989. D claimed that the celebrity status and career of P were marital assets, and should be divided. P claimed that her career and celebrity status were products of her own talent and therefore did not constitute property. The Court disagreed with D and refused to extend the holding in O’Brien. The court found that since D enjoyed a substantial lifestyle during the marriage and since he would be sufficiently compensated through distribution of other assets, that P’s career was not marital property. The award in the divorce action gave D no support for the work and sacrifices he had made for P's career. D appealed this decision; he was entitled to an equitable distribution of the celebrity status of P.