Arguments Are Heard on Fame-as-Property Claim : Law: An opera star’s ex-husband seeks compensation for enhancing her celebrity.

It will be at least a month before a potential landmark ruling will decide whether fame is a property that can be divided in a divorce case.

Arguments were heard in the Appellate Division of New York State Supreme Court last week as Peter Elkus, 50, sought to overturn a lower court ruling that held he was not entitled to a portion of earnings by his former wife, mezzo-soprano Frederica von Stade, 45.

Elkus claimed on appeal that his case was similar to that of doctors, lawyers, accountants and academics put through school by their ex-spouses. Trial courts have found such degrees are marital property. Last September, Elkus claimed that after 17 years of marriage he had enhanced Von Stade’s celebrity status as an opera, recording and recital singer and he was therefore entitled to compensation and alimony.

In court, Elkus’ counsel argued that earnings from Von Stade’s singing zoomed from $2,000 the first year they were married to more than $640,000 the last year of the marriage. He also maintained that Elkus had enhanced the value of her career in his role as teacher, coach, photographer, critic, adviser, husband and father (the couple has two children).

Von Stade’s counsel replied that it is impossible to put an economic value on the future of an operatic career since it all depends on “two vocal chords, a diaphragm and wind released from the lungs. If nodes should develop on the chords, the career could be over just like that.”

There was intense questioning by the five-judge panel during the sessions, which lasted only a half-hour. Neither Von Stade nor Elkus were present for the arguments.

Attorneys representing the litigants are the well-known New York divorce specialists, Raoul Lionel Felder for Von Stade and Alfred Ferrer III for Elkus.

In an interview after the lower court decision, Felder said: “This is a philosophical argument. You are monkeying around with God-given talent. As opposed to a licensed doctor or lawyer, the talent spigots can’t be legislated. Who knows what a talent is worth? What about the shoemaker? There is a limit to what is equitable distribution of property.

“What Elkus is asking is almost akin to slavery. . . . He wants alimony too. There is a paucity of cases regarding these principles.”

Jean Carter, a Felder associate who argued the appeal, said the firm has since been instructed by their client to withhold comment to the press.

Ferrer said the court decision--because of the precedent-setting nature of the case--would be rendered in a month to six months. He also said that if the decision were unanimous, there would be no appeal. However, if there were a split decision, he felt certain the losing party would appeal to the New York State Court of Appeals, the highest tribunal in the state.

The mezzo-soprano was married on Dec. 30 in San Francisco to Michael G. Gorman, the president of a manufacturing company in Alameda, who has three children from a previous marriage. She appeared last month in a recital at South Bay Center for the Arts and will appear this month and next as Cherubino in “Le Nozze di Figaro” at the Metropolitan Opera.