Article Title

Domestic Relations: Recognition of Wife's Interest in Professional Degree Earned by Husband during Marriage

Authors

Carol A. Perez, University of Dayton

Document Type

Notes

Abstract

Hubbard v. Hubbard, 603 P.2d 747 (Okla. 1979).

A professional education is a valuable asset, often acquired through the joint efforts of both partners to a marriage. A number of state courts have recently addressed the issue whether a professional degree constitutes an asset which may be divided upon dissolution of a marriage. Although courts have been reluctant to hold a professional degree is divisible property, the trend is toward recognition of the working spouse's contribution to the education of the student spouse, particularly when the marital break-up occurs before any substantial tangible assets are acquired by the. couple. In such a case, the court may consider basing an award to the working spouse not upon the marital assets at the time the marriage is dissolved, but upon either the enhanced future earning potential of the non-working student spouse or upon reimbursement for the contribution to the student spouse's education.

The Oklahoma Supreme Court recently addressed such an issue in Hubbard v. Hubbard. The Hubbard court was confronted with the problem of devising an equitable solution for the wife who supported her husband through medical school only to be faced with a divorce proceeding upon completion of his training.

Recommended Citation

Perez, Carol A. (1981) "Domestic Relations: Recognition of Wife's Interest in Professional Degree Earned by Husband during Marriage," University of Dayton Law Review: Vol. 7: No. 1, Article 12.
Available at: https://ecommons.udayton.edu/udlr/vol7/iss1/12

Publication Date

10-1-1981