In Miklos v. Miklos (9 AD3d 397, 780 N.Y.S.2d 622 [2004]), the Appellate Division, Second Department, held that the trial court improvidently exercised its discretion in determining that plaintiff was entitled to 50% of the two-thirds portion of defendant's enhanced earning capacity which the Supreme Court determined was marital property, since defendant worked full time as a pharmacist the entire time he attended law school, he had a full scholarship to attend law school, the parties married after defendant completed his first year of law school and they did not have any children at that time.