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O'Brien v. O'Brien: A Professional Degree as Marital Property

Abstract

Comment: Family Law
O'Brien v. O'Brien, arose out of a divorce proceeding in the state of New York. The parties' only asset of any consequence at the time of divorce was the husband's newly acquired medical license. New York's highest court held that the medical license was marital property as defined by New York Domestic Relations Law and therefore subject to equitable distribution.

This Comment compares the O'Brien court's decision to treat a professional license as marital property with decisions from other jurisdictions in which courts have considered the same issue. By analyzing the theories relied upon by several jurisdictions including New York, this Comment will evaluate the probable outcome should the Arizona Supreme Court consider whether a professional license constitutes community property.

How to Cite

29 Ariz. L. Rev. 353 (1987)

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