Lewis v. Lewis

448 N.W.2d 735, 181 Mich. App. 1
CourtMichigan Court of Appeals
DecidedNovember 6, 1989
DocketDocket 105843
StatusPublished
Cited by4 cases

This text of 448 N.W.2d 735 (Lewis v. Lewis) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lewis v. Lewis, 448 N.W.2d 735, 181 Mich. App. 1 (Mich. Ct. App. 1989).

Opinions

MacKenzie, P.J.

This appeal as of right by plaintiff wife is from a judgment of divorce granted December 23, 1987, following twenty-one years of marriage. We reverse and remand.

The parties stipulated to a 50/50 split of the marital estate, exclusive of the value of an mba degree held by the defendant husband. The wife was awarded $39,000 cash, while the marital home and lakefront property were awarded to the husband. The wife was awarded no alimony. The parties had two children, ages twenty and seventeen at the time of the judgment. The wife was awarded physical custody of the minor child and $400 per month child support. The question to be resolved is whether the trial court erred in determining that the husband’s mba degree should not be included in the property division.

Both parties are in their early forties and work for Dow Corning Corporation. The wife has a high school diploma, worked through most of the marriage, and attained the status of administrative secretary at Dow Corning earning approximately $31,000 per year. She testified that she is at the highest salary level possible given her educational level. At the time of the divorce, the husband was a purchasing specialist for Dow Corning earning approximately $44,000 per year. During the course of the marriage, the husband received an associate’s degree, a bachelor’s degree in 1981, and an mba degree in December, 1986. The degrees were obtained over an extended period of time by taking one or two evening classes per term. Books and tuition for the classes were reimbursed under Dow Coming’s tuition reimbursement program. The [4]*4wife had responsibility for the couple’s children while the husband attended classes and studied. She could have participated in the tuition program had she wished.

The wife testified that the purpose for obtaining the husband’s advanced degrees was to further her husband in his job and thus enhance the family’s standard of living. The husband maintained that there was no benefit or pay increase at Dow Corning tied to the mba degree. He stated that he looked upon the mba as an insurance policy which had value in the sense of giving him a marketable skill in the event something happened at Dow Corning and he had to look elsewhere for employment.

Dow Coming’s manager of compensation stated that, although a starting mba degree employee would receive a salary approximately $400 per month more than a starting bs degree employee, pay increases were performance related for employees who earned their degrees while working at Dow. Calvin A. Hoerneman, an economics professor at Delta College, testified that in the general market place a person with an mba enjoyed a starting salary anywhere from approximately twenty percent to fifty percent higher than a person holding a bachelor’s degree. Professor Hoerneman determined that the husband had a twenty-year work expectancy. Using the $400 per month starting differential at Dow Corning, he calculated the value of the husband’s mba at $96,000 over that period, having a present value of $42,506.75 in December, 1987.

The trial court looked to the equities in this case to determine what part the husband’s mba should play in a fair and equitable distribution of the parties’ property. The trial court found that the "whole game plan” of the parties was to work [5]*5toward defendant’s educational attainment. However, the court determined that three important factors were missing which would justify including the mba in the division of property, namely, contribution of the wife, use of marital assets, and fault. The court found that the wife did not sacrifice her own educational attainments for the benefit of her husband and would have borne the burden of the dual role of working wife and homemaker regardless of whether the husband sought additional education. The court found there was no financial strain on the family since the costs of obtaining the degree were reimbursed by Dow Corning. The court found no fault leading to the marital breakdown which would justify an unequal property division, even though the court concluded that one of the reasons for the breakdown of the marriage was the defendant’s emphasis on work and study, to the detriment of his family responsibilities. The court determined that the projection by Professor Hoerneman as to defendant’s increased earning potential was based on mere speculation. The court found that the $400 starting salary differential at Dow played no part here and that the national statistics to which the expert witness referred had no relevancy to this case. The trial court concluded that there was no basis for including the mba in the property division under the circumstances of this case. We disagree.

An advanced degree has been held to be a marital asset, to be distributed as property. Woodworth v Woodworth, 126 Mich App 258; 337 NW2d 332 (1983), lv den 419 Mich 856 (1984). Subsequent decisions have held that an advanced degree is not necessarily a marital asset, but should be considered as a factor in awarding alimony. Daniels v Daniels, 165 Mich App 726, 731; 418 NW2d 924 [6]*6(1988); Wilkins v Wilkins, 149 Mich App 779, 789-790; 386 NW2d 677 (1986); Olah v Olah, 135 Mich App 404; 354 NW2d 359 (1984). Fairness dictates that the spouse who did not earn an advanced degree be compensated whenever the advanced degree is the end product of a concerted family effort involving mutual sacrifice and effort by both spouses. Woodworth, supra, p 261. Accord: Thomas v Thomas (After Remand), 164 Mich App 618, 623; 417 NW2d 563 (1987).

As the trial judge recognized, the cases have varied in their characterization of degrees since Woodworth unequivocally stated that a law degree was a marital asset and should be valued and taken into consideration in the property settlement. Degrees are not property in the classic sense, a point made in Olah, supra, where the wife was awarded alimony as compensation for her efforts while the husband pursued his advanced degree. However, the basic purpose of alimony is to assist in the other spouse’s support. See Kavanagh v Kavanagh, 30 Mich App 636; 186 NW2d 870 (1971), lv den 384 Mich 843 (1971). Furthermore, MCL 552.13; MSA 25.93 gives the trial court discretion to end alimony if the spouse receiving it remarries. Because the value of an advanced degree does not "evaporate” upon the nondegreeearning spouse’s remarriage, we do not find an award of alimony a satisfactory method of recognizing that spouse’s efforts toward earning the degree. As the trial court noted, the fundamental question in cases involving advanced degrees is not whether a degree is property, but rather "whether the facts in the case give rise to an equitable claim regarding the degree so that a property division can be considered fair and equitable between the parties.” Thomas, supra, p 623.

The first factor the court found missing in com[7]*7paring this case to the reported cases was the wife’s contribution to the husband’s education. The court agreed the wife had contributed in a general way, stating that the mutually agreed upon "whole game plan” of the parties was defendant’s educational attainment. However, the court awarded nothing to the wife to compensate her for the mba because the wife did not "sufficiently sacrifice or contribute for her husband’s benefit.”

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Lewis v. Lewis
448 N.W.2d 735 (Michigan Court of Appeals, 1989)

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448 N.W.2d 735, 181 Mich. App. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-lewis-michctapp-1989.