When a college diploma leads to a divorce complaint
In a Mississippi divorce, can a spouse be compensated for putting the other spouse through college?
We have all heard the story of the wife who puts her husband through medical school only to have him divorce her just as he graduates. I had a similar experience in law school with a law school classmate. The question is can the spouse who supported the student spouse be adequately compensated? The problem is the benefits of that professional education have not paid off. So how can the chancellor equitably divided the marital assets?
Some states have held that a professional degree is a marital asset which can be valued and divided. However, like the majority of states, Mississippi rejected that approach in Guy v. Guy (Miss. 1999). The Court's rationale was:
An educational degree, such as an M.B.A., is simply not encompassed even by the broad views of the concept of ‘property.’ It does not have an exchange value or any objective transferable value on an open market. It is personal to the holder. It terminates on death of the holder and is not inheritable…. An advanced degree is a cumulative product of many years of previous education, combined with diligence and hard work. It may not be acquired by the mere expenditure of money. It is simply an intellectual achievement that may potentially assist in the future acquisition of property.
The key is that it can “potentially assist in the future acquisition of property.” It is not guaranteed. It could pay off or it couldn’t. Only the future will tell. You don’t have to look far to find unemployed or underemployed folks with professional degrees.
But there still is a spouse who made sacrifices while the other spouse earned their degree only to be served with divorce papers when it came time to enjoy the fruits of the labor. Should equity step in and compensate that spouse who supported their husband or wife in their educational endeavors? The Mississippi Supreme Court answered this question in Guy v. Guy.
In Guy, a Washington County couple were married in 1994 and divorced in 1997. During their relatively short marriage, the wife earned a nursing degree. One month after receiving her nursing degree, the wife left the husband and filed for divorce. When the chancellor divided the marital property, he classified the wife’s nursing degree as a marital asset and valued it at $35,000.00. In reversing the chancery court, the Mississippi Supreme Court stated that a professional degree is not a marital asset subject to division. However, the court recognized the inequity.
“Marriage should not be a free ticket to professional education and training without subsequent obligations… One spouse ought not to receive a divorce complaint when the other receives a diploma. Those spouses supported through professional school should recognize that they may be called upon to reimburse the supporting spouses for the financial contributions they received in pursuit of their professional training.”
The remedy is reimbursement alimony, which is a quasi-form of lump sum alimony. The court can award a sum certain to
“a working spouse who contributed financially to the professional education of a student spouse, where the contribution was made with the expectation of achieving a higher standard of living for the family unit, and the couple did not realize that expectation due to divorce.”
The reimbursement can be for expenses such as tuition, books, housing, clothing, and food. However, the contributing spouse will have to present evidence of these expenses.
If you have recently put your spouse through college only to find your spouse wanting a divorce, you need to talk with an attorney to see if you qualify for reimbursement alimony. At the Kisselburgh Law Firm, we handle these types of cases and welcome the opportunity to discuss representing you.
