O'Brien v. O'Brien

In O'Brien v. O'Brien, 106 A.D.2d 223, aff'd as modified, 66 NY2d 576 [2d Dept 1985] the Appellate Division, Second Department reaffirmed its holding in Blickstein v. Blickstein that using an award of equitable distribution to attempt to balance marital fault, perceived or otherwise, in the ordinary course of a litigated matrimonial proceeding would be inconsistent with the intent of the Domestic Relations Law. In O'Brien, the wife supported the parties, financially and otherwise, during the marriage while the husband obtained a college degree and then attended medical school. The parties had no property of any kind and only "a few dollars in the bank" when the husband sued the wife for divorce shortly after obtaining his medical license (id at 228). The wife sought an equitable distribution award of the husband's medical license. The Court in O'Brien captioned its discussion of the alleged marital fault of the husband in accepting the wife's financial assistance during the marriage while he obtained his medical license and then sued her for divorce as "BROKEN DREAMS" (id at 228). The Court noted in O'Brien that "[t]he wife has expended time (nine years), rendered services (homemaker, companion), contributed funds (principal fund raiser, living expenses, tuition, books, etc.), and, at first blush, it seems grossly unfair that she should not, now, as they stand on the threshold of achieving their common goal, fully share in the material success they both have worked so hard to achieve" (id at 228). The Court continued that while it "is almost irresistible to conclude that the wife has been woefully abused in that the husband, through the long years of college and medical school, accepted her help, financial and otherwise, and then, shortly after receiving his medical license, walked out on her and sued for divorce" it would be inappropriate for the Court to "apply our own notions of equity in order to right this perceived wrong" (id at 228-229). The Court ultimately reiterated its prior decision in Blickstein holding that "marital fault, except in the most egregious case, is not a relevant consideration in the equitable distribution of marital property" (id at 229).