## Facts

- The spouses ended a 17-year marriage by stipulated mutual judgments of divorce and agreed to joint custody of their two minor children.
- At marriage (1973), the wife was beginning an opera career, performing minor roles and earning $2,250 in the first year.
- During the marriage, the wife’s career and income increased substantially; by 1989 she earned $621,878 and achieved significant professional recognition and commercial success.
- The husband asserted he made extensive, direct contributions to the wife’s professional success by traveling with her, critiquing performances and rehearsals, photographing her for professional uses, and serving as her voice coach and teacher for ten years.
- The husband asserted he sacrificed his own singing/teaching career and took on child-care responsibilities to support the wife’s career advancement.
- Before trial on economic issues, the wife sought a ruling that her career and celebrity status were not marital property.
- The trial court held that the enhanced value of the wife’s career and/or celebrity status was not marital property subject to equitable distribution.
- The husband appealed.

## Issues

1. Whether the appreciation in value of a spouse’s career and/or celebrity status during marriage, attributable in part to the other spouse’s efforts, constitutes marital property subject to equitable distribution.

## Decision

- The Appellate Division reversed the trial court’s determination.
- The court held that, to the extent the husband’s contributions and efforts increased the value of the wife’s career, the appreciation was a product of the marital partnership and is marital property subject to equitable distribution.
- The matter was returned for further proceedings to determine valuation and distribution consistent with the holding.

## Legal Principles

- Marriage is treated as an economic partnership; appreciation in value during marriage attributable to either spouse’s efforts can be marital property.
- The marital property concept can reach the enhanced economic value of a spouse’s career and celebrity-related earning capacity when that enhancement is causally connected to the other spouse’s contributions.
- Direct professional support (e.g., coaching, performance-related work, career sacrifices) may justify treating resulting career appreciation as marital property, distinct from the spouse’s personal talent or identity.
- Classification of the appreciation as marital property permits valuation and equitable distribution based on the extent of the contributing spouse’s efforts and applicable statutory factors.

## Conclusion

The court held that the increase in economic value of a spouse’s career and celebrity status during marriage is marital property to the extent it results from the other spouse’s contributions, requiring valuation and equitable distribution proceedings consistent with that classification.


Elkus v. Elkus, 169 A.D.2d 134 (N.Y. App. Div. 1st Dep’t 1991)