When money earned during the marriage by either or both spouses is spent maintaining the separate property of one of the spouses, that money can be reclaimed, and a money judgment awarded for an equitable portion of those funds. This equitable portion is usually one-half of the monies paid. Incredibly, in the case of a long term mortgage that was taken out shortly before the marriage on a residence that was owned prior to the marriage, the total amount of the mortgage payments made during the marriage may be more than double the actual reduction in the principal balance of the mortgage, leading to a recovery by the non-titled spouse of the full reduction in principal mortgage balance during the marriage. The Mahoney-Buntzman case, citing to Micha v. Micha, an appellate division case from the Third Department, made clear that this expenditure of marital funds can still be recouped by the non-separate property owning spouse. Micha involved farm machinery owned by the farmer husband from prior to the marriage. The payment of marital money during the marriage towards secured loans (not unlike a home mortgage) on the farm machinery was recouped by the wife. So there is no confusion, “marital money” is money earned or acquired during the marriage that does not fit into a separate property category. In other words, money earned from employment during the marriage, spent on a separate property mortgage, can be recouped. The same is true of marital money spent on capital gains taxes payable for the sale of separate property, which was the holding in Carney v. Carney, another Third Department case also cited by the Court of Appeals in Mahoney-Buntzman as an example of what survives in the recoupment doctrine. In Carney v. Carney, the parties spent the proceeds of the sale of their jointly owned marital residence to pay the capital gains taxes incurred on the sale of the husband’s separate property building that had housed his separate property business. Although the proceeds from the sale of the separate property building remained the husband’s, he owed the wife one-half of the monies that were paid towards the capital gains taxes.