WEBERG LAW

Family Law and Mediation

Drapek v. Drapek

In the case of Drapek v. Drapek, the Supreme Judicial Court of Massachusetts addressed the issue of whether a professional degree and the resulting increase in earning capacity acquired during a marriage could be considered part of a spouse’s estate for division in a divorce. The court ruled that while the husband’s medical degree and enhanced earning capacity could be considered when determining alimony and asset division, they were not themselves divisible assets under Massachusetts law. The case was remanded for reconsideration of the alimony award and asset assignment, as the trial judge had incorrectly treated the degree and earning capacity as part of the husband’s estate.

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