Education and Training

Question 1

Education and Training (General Rule)

Answer 1

Education and training acquired during marriage are not treated as community property. Instead, absent an agreement to the contrary, the community has an equitable right of reimbursement, with interest, when community funds are:

(i) used either to pay for education or training or used to repay a loan used for education or training; and
(ii) the education or training substantially enhances the earning capacity of the educated party.

Question 2

Education and Training Reducing Reimbursement

Answer 2

The amount of reimbursement to the community may be reduced if the community has already substantially benefited from the education and training.

There is a rebuttable presumption that the community has already substantially benefited when more than 10 years have elapsed between the obtaining of a degree and the divorce, and there is a rebuttable presumption that the community has not substantially benefited when less than 10 years have elapsed between the obtaining of a degree and the divorce.

Reimbursement to the community may also be reduced if the education reduces the need for spousal support.