Ellen Rosenberg v. David Rosenberg

We find that the Supreme Court did not improvidently exercise its discretion in distributing 50% of the marital property, including the husbands medical practice, to the wife. At the time the parties married, the wife had completed the first year of a two-year course of study for a Masters degree in social work. The husband began his first year of medical school in 1972 after the parties were married. Although the wife was employed as a social worker after earning her degree, that work was interrupted by the birth of their first child. After the birth of a second child in December 1975 the wife did not ever again pursue her career as a social worker but remained at home to care for the children. The wifes contributions to the husbands medical career were significant because they were made early in the marriage. She helped the husband pursue his medical career and her non-economic contributions as parent, spouse and homemaker were substantial (see, Marcus v Marcus, 137 A.D.2d 131). The husband completed his medical studies and opened a practice as an internist in the parties home in 1979. The wife worked without pay in the husbands medical office for about six months. Thereafter, she was a full-time homemaker and caretaker for the parties four children until 1983, when she obtained employment as a fundraiser. This action for a divorce was commenced in 1985.