Lynch v. Lynch

168 A.D.3d 700 (2019)

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Nature of the Case

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Facts

H and W were married on December 26, 1993. It was a second marriage for both parties. There are no children in this marriage. H has three children from his prior marriage and W has one child from her prior marriage. This action for divorce was commenced on October 4, 2011. A judgment of divorce was entered on December 15, 2015. The Court did not conduct any trial or hearing. The parties tendered on paper their contentions regarding enhanced earning capacity, counsel fees, and equitable distribution, including assets and liabilities. At the time of the marriage, W resided in Memphis, Tennessee, and was employed as a Senior Programmer Analyst for FedEx Services. H had obtained a Bachelor's degree from Pace University, was employed in New York by J.P. Morgan as a Vice President, and was earning approximately $190,000 per year. W sold her home in Memphis and relocated to Long Island. H's annual income from J.P. Morgan rose until it peaked at $233,562 in 1996; in 1997, his last year with J.P. Morgan, his annual income was $228,400. After earning $204,463 in 2000, H's income fell to $155,994 in 2001 because he lost his job in October or November of 2001, and he did not regain employment until February 2003. D went back to school and got an MBA degree in 2004. H studied and prepared papers without assistance from W. His tuition and books were paid by student loans and by credit card. W provided the funds for personal and living expenses, paid joint expenses such as the home mortgage and car insurance, provided medical insurance through her employment, maintained the marital residence, and helped care for the children and the family pets. H obtained a consultant position with J.P. Morgan Chase in February 2003. He earned $104,207 in 2003, which increased to $154,999 in 2004 and to $186,564 in 2005, though the 2005 earnings included compensation for part-time teaching. In 2006, he obtained a position with Citigroup as a Senior Vice President, and his earnings, augmented by continued part-time teaching, were $239,813. His earnings in 2007, inclusive of teaching, were $225,467; he earned similar amounts in 2007 and 2008. In 2009, his earnings were $234,880; in 2010, they were $231,293. In 2011, he earned $256,909, though he was no longer teaching. In 2012, he earned $260,847, and in 2013 he earned $250,000, though he was laid off in July 2013. H earned $186,642.00 in 2014. W sought a distributive award for the enhanced earning capacity from H's MBA degree. W presented expert testimony. The Court found that the MBA degree did not provide H with any enhanced earning capacity subject to equitable distribution. W appealed.