Future earnings are generally not considered martial property because at the time of the marriage they are not actually known or in existence. A wife cannot be entitled to something that is not at the time of the divorce in existence. This does not mean the court will not possibly re-open a case if the final decree calls for a re-evaluation although courts are tending to shy away from this because it can seem unfair.

I would advise consulting a divorce attorney and explaining the situation and concerns. They can watch out for your best interests during the proceeding and try their best to protect you in the final decree. Good luck with everything

It does not appear that you are getting a great deal. You should consult a lawyer and maybe better off going to trial. However, there are risks that are associated with going to trial.

Regards,

Elliot

(718)689-0282

I am a New York matrimonial attorney.   Fifty percent of future earnings sounds unjust.  It probably would make sense to litigate as $250,000 a year is worth the time and expense of litigating.  Give me a call if you would like to discuss the matter.  It would be my pleasure to speak with you about the case.  Darren M. Shapiro, Esq. 631-882-3140