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Property Keyed to French
O’Brien v. O’Brien
Citation:
489 N.E.2d 712 (1985)Facts
Michael and Loretta O’Brien married in April 1971 when both were teachers. During their nine-year marriage, Loretta worked continuously while Michael completed his bachelor’s degree and medical education. The couple moved to Guadalajara, Mexico for three and a half years so Michael could attend medical school, with Loretta teaching there to support them. Upon returning to New York, Loretta resumed teaching while Michael completed his medical education. The trial court found that Loretta contributed 76% of their income during the marriage, excluding a $10,000 student loan. Michael obtained his medical license in October 1980 and filed for divorce two months later. At trial, Loretta’s expert valued Michael’s medical license at $472,000, calculated by comparing the average income of a college graduate to that of a general surgeon over Michael’s expected career, and determined that Loretta’s contribution to his medical education was worth $103,390.
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