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Family Court Failed to Apply Equitable Distribution to Marital Assets and Failed to Give Wife Credit for Enhanced Earnings Generated by Husband’s Master’s Degree

The Fourth Department determined the trial court erred in failing to equitably distribute all or portions of an investment account, a 403-b deferred compensation account and preretirement death benefits.  In addition the Fourth Department determined the wife was entitled to a portion of her husband’s enhanced earnings from his master’s degree.  The underlying principles and authority for the wife’s entitlement to these assets and earnings are described in the decision.  Lauzonis v Lauzonis, CA 12-00188, 209, 4th Dept, 4-26-13

 

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