EDUCATIONAL DEGREES

Question 1

Educational Degrees

Answer 1

Generally, degrees and licenses earned during marriage are not CP. However, the community is entitled to reimbursement if (1) CP or QCP funds were used to pay for the education or training, (2) the education or training substantially enhances the earning capacity of the spouse, and (3) the spouses did not enter into an express written agreement to the contrary.

*Note: reimbursement is limited to costs such as tuition and books, not living expenses paid by CP. Additionally, if CP is used to pay off educational loans incurred during marriage, the community will be reimbursed. However, the educated spouse will be responsible for any outstanding debt after divorce.

Question 2

Educational Degrees - Defenses

Answer 2

The spouse can raise the following defenses to reimbursement: (i) the community already substantially benefited from the education or training, (ii) CP funds were also used for the other spouse’s education or training, or (iii) the education or training reduced the need for spousal support.

*Note: a rebuttable presumption that the community has benefitted arises if the marriage lasted 10 years after the education was obtained