"Dr. O'Brien I (no longer) presume."

The vitality of O'Brien v. O'Brien continues to be sapped in the First and Second Departments after having already suffered grieviously in the upstate Departments. In Kriftcher v Kriftcher, --- N.Y.S.2d ----, 2009 WL 262707 (N.Y.A.D. 2d Dept), the Second Department reduced a 40% award to the non-(law)degree-holding spouse to 10% because they saw little evidence of contribution from her. The Court stated that the non-degree-holding spouse had the burden of demonstrating a substantial contribution.