Breast Implants an Issue in Divorce

By Dr. Surjit Rai

A couple in North Dakota is divorcing in Isaacson v. Isaacson and in dividing up the marital assets, the husband wants to count the money spent on his wife’s breast implants. He wants the cost of one implant repaid to him.

The Judge stated that this was “absolutely nonsense” and said:

• “I can’t imagine people would actually waste time thinking that breast implants are marital assets. It just defies common sense. I don’t know how you would expect me to award breast implants, if you want me to have them cut out and given to Mr. Isaacson.”

Mr. Isaacson’s lawyer has argued that medical expenses should be considered marital assets when they paid for procedures that are “clearly cosmetic, elective, (and) non-necessary.” Isaacson’s share would be $5,500. He is also asking for half of the cost of his wife’s LASIK surgery, another $1,000.

Where Might This End?

It seems to be human nature to push at every envelope. The North Dakota is considering whether they should include a breast implant as a marital asset and wondering how far this line of thinking might be taken by others. Justice Daniel Crothers asked last week, during the debate:

• “Do we have any lines to be drawn? Is dental work a marital asset? Is a hip replacement a marital asset?”

In another case in New York, a Long Island surgeon demanded that his estranged wife return the kidney he had donated to her; or else pay him $1.5 million for it. He had donated the kidney in 2001 and claims that only 18 months later she had an extramarital affair. At the end of three years she filed for a divorce. Divorce experts do not think he can succeed in having a kidney classified as a marital asset.

Mrs. Isaacson’s attorney is claiming that Mr. Isaacson is just trying to embarrass his wife. However, his wife has a lot of company in choosing to have breast implants. According to the American Society for Aesthetic Plastic Surgery (ASAPS), breast augmentation replaced liposuction in 2008 as the most popular surgery.

If you would like to talk with Dr. Rai about how cosmetic surgery could enhance your appearance, please contact our office today and we will be happy to schedule a free consultation for you.