Opinion
May 31, 1996
Appeal from the Supreme Court, Monroe County, Frazee, J.
Present — Denman, P.J., Pine, Fallon, Wesley and Balio, JJ.
Judgment unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum:
Supreme Court erred in refusing to award plaintiff a distributive share of defendant's enhanced earning capacity, resulting from the bachelor's degree in the Technology Computer Science Program at Rochester Institute of Technology defendant earned during the marriage ( see, DiCaprio v. DiCaprio, 162 A.D.2d 944, lv denied 77 N.Y.2d 802; Finocchio v. Finocchio, 162 A.D.2d 1044). Plaintiff's expert testified that, based upon a salary of $75,000, the value of defendant's enhanced future earnings was $318,565. That valuation figure is "realistic and reasonable" ( DiCaprio v. DiCaprio, supra, at 946). In light of plaintiff's financial and other contributions to the marriage, which made it possible for defendant to attain his degree, we conclude that plaintiff is entitled to 50% of defendant's future enhanced earnings. Consequently, we modify the judgment by vacating the second decretal paragraph and awarding plaintiff $159,282.50, representing her equitable share of defendant's enhanced earnings, plus 9% interest per annum on that amount, pursuant to CPLR 5004, commencing from the date of entry of the judgment ( see, Kessler v. Kessler, 212 A.D.2d 1038).