Legal Question in Family Law in New York

I live in NY and my wife wants to divorce. We have been married for 9 years. We have no child, no real estate. She took medical school and got MD degree in foreign country before marriage. From 05 to 07 she studied full time to take the exams required for residency training in U.S. while I worked full time to pay for our life expenses during these 2 years. I also drove her for residency interviews. She is now a resident and will have her physician license in 2011. I think she would delay her achievement without my support. Now she has a protection order against me due to physical violence.

We discussed the settlement several months ago. She agreed to pay me 8% of her future income for 9 years at first but now she regrets and offers me only 20K. As I know she hires a lawyer and is filling a divorce complaint. Am I entitled to get something from my wife due to her enhanced earning capacity during our marriage? How difficult for me to win this case?

I usually earned 50-70K per year but got laid off recently.

Thanks a lot for your advice!


Asked on 9/08/09, 9:59 pm

3 Answers from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. Am I entitled to get something from my wife due to her enhanced earning capacity during our marriage?

A. Generally, and without explaining the law set forth in McGowan v. McGowan (142 A.D.2d 355 [1988] ), the answer is yes.

Q. How difficult for me to win this case?

A. The underlying facts demonstrating the wife's enhanced earning capacity is not difficult to prove. However, an expert would be needed to evaluate the enhanced earning capacity. That may be difficult and costly.

Mike.

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Answered on 9/14/09, 8:30 am
Robert Evans Robert S. Evans esq.

You have possibilities worth exploring. You will however have to front the expenses for experts along with attorney fees. It will prove to be economically in your interest to retain a competent divorce attorney.

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Answered on 9/14/09, 12:27 pm
Alexander Tsiring The Tsiring Law Firm, P.C.

From the facts of your case it seems that you might have a few possibilities that you can pursue. Generally, in cases like yours, you might be entitled to certain money from your wife. Contact experienced matrimonial (divorce) attorney.

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Answered on 9/14/09, 12:42 pm


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