Guy v. Guy

736 So. 2d 1042, 1999 WL 233864
CourtMississippi Supreme Court
DecidedApril 22, 1999
Docket98-CA-00276-SCT
StatusPublished
Cited by20 cases

This text of 736 So. 2d 1042 (Guy v. Guy) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Guy v. Guy, 736 So. 2d 1042, 1999 WL 233864 (Mich. 1999).

Opinion

736 So.2d 1042 (1999)

Audra Marian GUY
v.
Robert Sidney GUY, Jr.

No. 98-CA-00276-SCT.

Supreme Court of Mississippi.

April 22, 1999.

Martin A. Kilpatrick, Greenville, Attorney for Appellant.

William R. Striebeck, Greenville, Attorney for Appellee.

BEFORE PITTMAN, P.J., BANKS AND MILLS, JJ.

PITTMAN, Presiding Justice, for the Court:

STATEMENT OF THE CASE

¶ 1. Robert Sidney Guy, Jr. (hereinafter Rob) and Audra Marian Guy (hereinafter Audra) were married May 14, 1994. They were separated on April 12, 1997. No children were born to the couple. The couple was awarded a divorce on the grounds of irreconcilable differences on November 20, 1997.

¶ 2. In the final judgment of divorce, the chancellor attempted to distribute equitably the couple's marital assets. In doing so, he valued Audra's nursing degree, *1043 which she had obtained during the marriage, at $35,000. The Chancellor credited that $35,000 value amount to Audra's portion of the marital assets.

¶ 3. The chancellor assigned the value of $35,000 to Audra's nursing degree as a result of Rob testifying that this was the amount he spent on Audra's expenses and support while she pursued and completed her nursing degree during the couple's brief marriage.

¶ 4. Audra filed a Motion to Alter or Amend Judgment, or, alternatively, for Relief from Judgment which the Chancellor denied on February 2, 1998. Thereafter, Audra timely perfected this appeal.

¶ 5. Audra raises the following assignments of error on this appeal:

I. THE CHANCELLOR ERRED IN INCLUDING AUDRA'S NURSING DEGREE AS A "MARITAL ASSET."
II. THE COST OF AUDRA'S NURING DEGREE CANNOT BE REIMBURSED TO ROB AS LUMP-SUM ALIMONY.
III. THE TRIAL COURT ERRED IN THE MANNER OF VALUING THE NURSING DEGREE.

DISCUSSION OF THE LAW

¶ 6. These issues will be addressed together. The novel question presented in this appeal is whether a professional degree is marital property. This is a question of first impression before this Court. This is a question of law which will be reviewed de novo by this Court. Mauney v. State ex rel. Moore, 707 So.2d 1093, 1095 (Miss., 1998); Snapp v. Harrison, 699 So.2d 567, 569 (Miss., 1997) (citing Mississippi Farm Bureau Cas. Ins. Co. v. Curtis, 678 So.2d 983, 987 (Miss., 1996); Seymour v. Brunswick Corp., 655 So.2d 892, 895, Prod.Liab.Rep. (CCH) P 14,228 (Miss., 1995)).

¶ 7. Although there is no Mississippi case directly on point, the seminal Mississippi case regarding equitable division of marital property is Ferguson v. Ferguson, 639 So.2d 921, 928 (Miss., 1994), where we held,

[T]his Court suggests the Chancery courts consider the following guidelines, where applicable, when attempting to effect an equitable division of marital property:
1. Substantial contribution to the accumulation of the property. Factors to be considered in determining contribution are as follows:
. . . .
c. Contribution to education, training or other accomplishment bearing on the earning power of the spouse to accumulating the assets.
. . . .

Id. While Ferguson certainly did not list a professional degree as marital property to be equitably divided, it did list the contribution made by the supporting spouse to the attainment of that degree by the other spouse to be at least considered when equitably dividing the marital assets. Id.

¶ 8. We also look to our sister states whose courts have specifically addressed this issue. As with most legal issues, the jurisdictions are split. Nevertheless, there is a clear majority and minority position as to whether professional degrees are to be considered marital property. Eighteen jurisdictions have held that a spouse's degree was not a marital asset.[1] The minority *1044 approach, followed by some courts in three jurisdictions (most notably New York) is that a professional degree is marital property.[2]

¶ 9. The reason that most states have determined that professional degrees are not marital property is best articulated by the Colorado Supreme Court in In re Marriage of Graham, 194 Colo. 429, 574 P.2d 75 (1978), where that Court stated:

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. It cannot be assigned, sold, transferred, conveyed, or pledged. 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. In our view, it has none of the attributes of property in the usual sense of that term.

574 P.2d at 77.

¶ 10. We join the majority of states and hold that professional degrees are not marital property. In the present case, Audra's nursing degree is not marital property. Her nursing license is not a chattel which can be divided or assigned. Rob may not share in it. The nursing degree and license may only be issued to a qualified holder. We do not intend "property" in the sense of "marital property" to include intellectual or technical mental enhancement gained during the course of a marriage. However, the analysis does not end here because

[T]here is ... clear agreement that the contributing spouse should be entitled to some form of compensation for the financial efforts and support provided to the student spouse in the expectation that the marital unit would prosper in the future as a direct result of the couple's previous sacrifices.

In re Marriage of Weinstein, 128 Ill. App.3d 234, 470 N.E.2d 551, 557, 83 Ill. Dec. 425 (1 Dist., 1984) (citations omitted).

¶ 11. We recognize the potential inequity of a situation such as the present one, where one spouse works full-time to put the other spouse through school where they obtain a college degree. After obtaining this degree at the expense and sacrifice of the supporting spouse, the supported spouse leaves the supporting spouse with nothing more than the knowledge that they aided their now ex-spouse in increasing his/her future earning capacity. This sentiment is echoed by the New Jersey Supreme Court in Mahoney v. Mahoney, 91 N.J. 488, 453 A.2d 527 (1982).

*1045 There the New Jersey Supreme Court stated:

[E]very joint undertaking has its bounds of fairness. Where a partner to marriage takes the benefits of his spouse's support in obtaining a professional degree or license with the understanding that future benefits will accrue and inure to both of them, and the marriage is then terminated without the supported spouse giving anything in return, an unfairness has occurred that calls for a remedy.
. . . .
Furthermore, it is realistic to recognize that ... a supporting spouse has contributed more than mere earnings to her husband with the mutual expectation that both of them—she has well as he— will realize and enjoy material improvements in their marriage as a result of his increased earning capacity.

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Bluebook (online)
736 So. 2d 1042, 1999 WL 233864, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guy-v-guy-miss-1999.