Tuesday, December 24, 2013

Elkus v. Elkus case brief

Elkus v. Elkus case brief summary
572 N.Y.S.2d 901 (1991)

CASE SYNOPSIS
Defendant appealed the judgment of the Supreme Court of New York County (New York) ruling that plaintiff's celebrity status was not marital property subject to equitable distribution.

CASE FACTS
Plaintiff and defendant divorced, and plaintiff moved for an order determining that plaintiff's celebrity status and any income derived from it did not constitute marital property subject equitable distribution. The trial court determined that plaintiff's celebrity status was not marital property and defendant appealed.

DISCUSSION

  • On appeal, defendant argued that plaintiff's increased celebrity status was due in part to defendant's sacrifices and should be included in their marital property. 
  • The court agreed, holding that plaintiff's celebrity status was the same as a that of a licensed professional and subject to equitable distribution. 
  • Furthermore, the court held that the appreciation of plaintiff's career that resulted from defendant's contribution was also marital property subject to equitable distribution. 
  • Consequently, the trial court's decision ruling that plaintiff's celebrity status was not marital property was reversed, and the case was remanded to the trial court for further divorce proceedings.

CONCLUSION
Judgment ruling plaintiff's celebrity status was not marital property subject to equitable distribution was reversed, because plaintiff's success was attributable in part to defendant's contributions.


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