Kathleen Mcgowan v. James F. Mcgowan
By Supreme Court of New York
- Release Date: 1988-12-30
- Genre: Law
Description
[142 A.D.2d 355 Page 356] Opinion OF THE COURT It is now settled that where, during a marriage, one spouse begins and completes a medical education,
the professional license which is conferred in recognition of the completion of that education qualifies as marital property
which is subject to equitable distribution pursuant to Domestic Relations Law § 236 (B) (5) (O'Brien v O'Brien, 66 N.Y.2d
576). In the present case, two questions have arisen, both of which require determination of the scope of the rule of the
O'Brien case. First, it is necessary to decide whether a teaching certificate, conferred during the parties' marriage but
as the result of an educational program which had been completed prior to the marriage, may constitute marital property. Second,
we must decide whether an academic degree may, for the purposes of equitable distribution, be considered analogous to a professional
license.
