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Employee's promotion as an asset in divorce proceedings

Employee's promotion as an asset in divorce proceedings
Bystricky v Bystricky, Supreme Court, Nassau County, 177 Misc 2d 914

Although this case deals with the marital assets of a police officer involved in a divorce, the decision suggests the court?s general approach to evaluating benefits resulting from promotions in the public service in divorce proceedings.

After passing a civil service examination, Robert W. Bystricky was promoted to Sergeant by the Rockville Center Police Department. In the course of a divorce proceeding, Bystricky?s wife claimed she was entitled to Bystricky?s ?enhanced earnings? as a result of his promotion.

Justice Anthony L. Parga ruled that Bystricky?s enhanced earning potential as result of his promotion was not a marital asset subject to equitable distribution in a divorce. Justice Parga said that ?[Bystricky?s] status as sergeant in a particular police department does not automatically entitle [him] to be assigned this position in any other police department in this county, or state, nor would it automatically entitle him to a further promotion to a higher rank and to receive increased income since that consequence rests largely on additional civil service examinations.?

A public employee?s increase income as a result of his or her promotion, however, could be a factor in computing a court award for child support or maintenance.

Full post as published by New York Public Personnel Law on September 18, 2009 (boomark / email).