Brief Fact Summary. Wife supported her husband financially while he attended school. The spouses filed for divorce and the issue became whether the husband’s degree was marital property that could be divided.
Synopsis of Rule of Law. An educational degree is not encompassed by even a broad interpretation of property.
In our view, it has none of the attributes of property in the usual sense of that term.View Full Point of Law
Issue. Whether a M.B.A constitutes marital property that can be divided in a divorce proceeding.
An educational degree is not encompassed by even a broad interpretation of property. It does not have any of the characteristics of the concept of property.
An educational degree cannot be transferred. It has no exchange value on the open market and terminates upon death.
Dissent. The dissent focused on the fact that the husband’s increased earnings potential was the most valuable ‘asset’ obtained during the marriage. Equity, the dissent argued, demanded that the court seek extraordinary remedies to prevent extraordinary injustice.
Discussion. The court discussed the purpose of dividing marital property as allocating to each spouse what equitably belongs to each. The court noted that the legislature wanted the definition of property to be broad, but that there must be limits. The court went on to note that a spouse that provides support to a spouse obtaining a degree is not without remedy. She or he can obtain relief when the court takes this fact into account, when dividing the marital property.