Hougie v. Hougie, 261 A.D.2d 161 (N.Y. App. Div. 1999). · Go Syfert
Hougie v. Hougie, 261 A.D.2d 161 (N.Y. App. Div. 1999). Cases Citing This Book View Copy Cite
10 citation events (10 in the last 25 years) across 3 distinct courts.
Strongest positive: Matter of Gartner v. New York State Attorney General's Off. (nyappdiv, 2018-04-05)
Top citers, strongest first. 2 distinct citers. How cited ↗
cited Cited as authority (rule) Matter of Gartner v. New York State Attorney General's Off.
N.Y. App. Div. · 2018 · confidence medium
Trademark Invs. , 261 AD2d 161, 161 [1999]; see Matter of Morgan v New York State Dept. of Envtl.
discussed Cited as authority (rule) Halaby v. Halaby
N.Y. App. Div. · 2001 · confidence medium
Instead, the concept of marital property has been extended to those situations where a spouse’s contributions and efforts led to an enhanced earning capacity in a particular career (see, Murtha v Murtha, 264 AD2d 552, 553 , lv dismissed 95 NY2d 791 [certification as chartered financial analyst found to have enhanced earning capacity although not a prerequisite for employment and/or advancement]; Hougie v Hougie, 261 AD2d 161, 162 [enhanced earning capacity as investment banker was subject to equitable distribution whether or not such career required a license]; Mitnick v Rosenthal, 260 AD2d …
Retrieving the full opinion text from the archive…
Anne L. Hougie
v.
Robert E. Hougie
Appellate Division of the Supreme Court of the State of New York.
May 6, 1999.
261 A.D.2d 161
Cited by 4 opinions  |  Published

—Order, Supreme Court, New York County (Sherry Klein Heitler, J.), entered April 17, 1998, which denied defendant’s motion for partial summary judgment dismissing so much of the complaint as seeks equitable distribution of defendant’s enhanced earning capacity as an investment banker, unanimously affirmed, with costs.

Preliminarily we note that whether a particular marital asset, such as the enhanced earning capacity attributable to a particular career, is subject to equitable distribution is an issue that can be decided prior to trial (see, e.g., Elkus v Elkus, [*162] 169 AD2d 134, lv dismissed 79 NY2d 851; West v West, 213 AD2d 1025, lv dismissed 86 NY2d 885). On the merits, defendant’s enhanced earning capacity as an investment banker is subject to equitable distribution regardless of whether or not such a career requires, a license (see, Elkus v Elkus, supra; but see, West v West, supra), and the amount of such enhancement was therefore properly determined without regard to the existence of any such license. However, on appeal, in his reply brief, defendant for the first time acknowledges that during the marriage he obtained a Series 7 securities license, which is necessary to trade securities in the United States, and such license should also be taken into account in determining his enhanced earning capacity (see, McSparron v McSparron, 87 NY2d 275, 285-286). Concur — Rosenberger, J. P., Rubin, Mazzarelli, Saxe and Buckley, JJ.