The Second Department determined Supreme Court properly found that plaintiff’s nursing license was not marital property. The Court explained the relevant analytical criteria:
Although the enhanced earnings from academic degrees and professional licenses attained during the marriage are subject to equitable distribution, it is incumbent upon the nontitled party seeking a distributive share of such assets to demonstrate a substantial contribution to the titled party’s acquisition of that marital asset. Where only modest contributions are made by the nontitled spouse toward the other spouse’s attainment of a degree or professional license, and the attainment is more directly the result of the titled spouse’s own ability, tenacity, perseverance and hard work, it is appropriate for courts to limit the distributed amount of that enhanced earning capacity … . Here, there is no evidence that the defendant made a substantial contribution to the plaintiff’s acquisition of her nursing degree. There is no evidence that the defendant made career sacrifices or assumed a disproportionate share of household work as a consequence of the plaintiff’s education; his contributions were minor… . Badwal v Badwal. 2015 NY Slip Op 01910, 2nd Dept 3-11-15