1) Prepared to file divorce in NY State, Married in 2000, No Child and No real estate. My hu*****and physically hurt me in Aug 2009 and called 911, I have a protection order now, and he will see the judge in Oct 2009.
2) I earned MD degree in foreign country in 1996 before marriage but not licensed in USA, my current status: residency 2nd year in NY and will earn a license in 2011.
3) My soon-to-be-ex-hu*****and did not accept uncontested divorce ( I offered him 20K) but asked for 8% of my future income from 2011 for 9 years. He referred to “my enhanced earning capacity during marriage” by law
4) My hu*****and works as a programmer earning about 70K in 2008 but got laid off in May 2009. He states that he supported me by paying most of the life expenses during the time I didn’t work. He drove me to Kaplan and residency interviews.
5) However, his contribution to the processing of my license is, I think, limited, here are the facts: I had income and worked full time from Oct 2001 to May 2004. From January 2005 to April 2007 I prepared and took the exams required for the residency training in Kaplan. But since we got married we had separate account. I paid the entire tuition and exam fee from my own savings about 15k. During this tenure, he paid the living expenses. I began to work from May 2007 and began my residency training from July 2008
My questions:
1) Since I do not think his contributions to my MD license are substantial, what will be the court’s judgment In NY? Shall I pay him what he asked?
2) Shall I move to NJ from now on and file the complaint after one year? In NJ, the professional license is not considered as marital property. But our marriage will be more than 10 years then.
Thanks very much for any suggestions