The classic example of the “student-spouse/working-spouse” syndrome is where the newlywed working-spouse delays starting a career and works in administrative positions, works maintaining the household and puts the medical “student spouse” through med school, only to be handed a summons for divorce when he or she is handed a doctor’s or other professional license.

In O’Brien v. O’Brien (66 N.Y.2d 576, 498 N.Y.S.2d 743, 489 N.E.2d 712 (1985)) the Court of Appeals held that a doctor’s wife was entitled to 40% ($188,800) of the present value of her husband’s medical license because of the substantial contributions she made to its acquisition. His professional license was classified as “marital property” because after nine years of marriage, he was a resident in general surgery and had no medical practice to distribute, and his wife made substantial contributions to the acquisition of his license. The trial court determined that the current value of that license was $472,000. That value was arrived at by comparing the average net income of a college graduate and a general surgeon between the time when Dr. O’Brien was to complete his residency, and the year when he would reach age 65. After considering federal income taxes, an inflation rate and a real interest rate the expert capitalized the difference in average earnings and reduced the amount to a current value of $472,000

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