question about money

[medstudy3]

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an attending physician i knew was taken to the cleaners for FUTURE paychecks because he did not have his physician's license prior to getting married. it had nothing to do with alimony (no kids) and he was not partner yet in his group. it's one thing if you're dividing up the current assets, but can your future salary be at risk without a license? how is this even possible? i'm still a resident so i was wondering how this works.

 

[Winged Scapula]

I suspect the plaintiff's attorney argued that his client supported the physician through medical school and/or residency, ie, before he was licensed.

I have a family member who worked while her ex-husband was in medical school and residency. He left her once he finished residency (debt free, I might add). Her attorney argued the above, that although they didn't accumulate many assets during their marriage she had sacrified her own career and life to support him, and had she not, he would have been hundreds of thousands of dollars in student loan debt. So she deserved some portion of his future pay as a physician.

Not an attorney, but this is as I understood it. May not be relevant in your case. Perhaps L2D can weigh in...

 

[bluealiendoctor]

I think the main issue is whether or not they were married while he was in school. If they were, then she can argue that her progress, wealth, etc. was held back by her supporting him with the expectations that it will pay off once he's making a physicians salary. Assets that are accrued WHILE married are to be considered 'community property' and therefore she has a right to her share. I think overall if he was never a physician while married, then she doesn't have any right (legally mind you) to his earnings. Some states still recognize 'common law' marriages which could actually play a role if they were in any of these states.

 

[BADMD]

an attending physician i knew was taken to the cleaners for FUTURE paychecks because he did not have his physician's license prior to getting married. it had nothing to do with alimony (no kids) and he was not partner yet in his group. it's one thing if you're dividing up the current assets, but can your future salary be at risk without a license? how is this even possible? i'm still a resident so i was wondering how this works.

Some states, such as New York, recognize the medical license as the property of both spouses. Thus it is an asset and gets divided in half.

 

[MOHS_01]

If she worked and supported him through medical school and residency while they were married, I can see where she can make some claim for the rewards.... but this should be easily remedied through arbitration and liquidated damages. Simple solution -- he should marry a doctor, be employed by her, and draw a paltry salary. She can then draw half of a resident's pay until she finds another corpse to feed on.

 

[Law2Doc]

Some states, such as New York, recognize the medical license as the property of both spouses. Thus it is an asset and gets divided in half.

In a number of states, a medical license earned during the course of the marriage, where one spouse supports the other through school, has been deemed a marital asset. And so courts have awarded the non-licensed spouse the equivalent of half of the future earnings of that license.

 

[FatKid]

If she worked and supported him through medical school and residency while they were married, I can see where she can make some claim for the rewards.... but this should be easily remedied through arbitration and liquidated damages. Simple solution -- he should marry a doctor, be employed by her, and draw a paltry salary. She can then draw half of a resident's pay until she finds another corpse to feed on.

^ This.