Education

Question 1

Is education treated as divisible property?

Answer 1

No.

Question 2

When can a spouse get reimbursement for community funds used for education?

Answer 2

(i) CP used to pay for education / used to repay loan from education or training
(ii) education substantially enhanced earning capacity of educated spouse

Question 3

What kind of reimbursement can the spouse get?

Answer 3

Equitable right of reimbursement WITH interest.

Question 4

When is reimbursement modified or reduced?

Answer 4

(i) Both spouses got education - the education for one is offset by community-funded education received by the other
(ii) Education allows spouse to engage in gainful employment that substantially reduces need for spousal support
(iii) Community already substantially benefitted from education/training (rebuttable presumption if 10 years since contribution)