Guy v. Guy
736 So. 2d 1042 (1999)
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Rule of Law:
A professional degree obtained by a spouse during a marriage is not a marital asset subject to equitable division. However, the supporting spouse is entitled to equitable reimbursement for financial contributions to the other spouse's education, which may be awarded as lump-sum alimony.
Facts:
- Audra Marian Guy and Robert Sidney Guy, Jr. (Rob) were married on May 14, 1994.
- During the marriage, Rob worked and paid for the majority of the couple's living expenses.
- While married, Audra pursued and completed a nursing degree.
- Rob contributed financially to Audra's educational expenses, including tuition, fees, and living costs.
- Audra obtained her nursing degree shortly before the couple's separation.
- The couple separated on April 12, 1997, approximately one month after Audra finished her degree.
- No children were born to the marriage.
Procedural Posture:
- Robert Guy and Audra Guy were granted a divorce by a Mississippi Chancery Court (trial court).
- In its Final Judgment of Divorce, the chancellor classified Audra's nursing degree as a marital asset, valued it at $35,000, and included this amount in her share of the equitable distribution.
- Audra Guy filed a Motion to Alter or Amend Judgment, which the chancellor denied.
- Audra Guy, as Appellant, perfected an appeal of the chancellor's judgment to the Supreme Court of Mississippi.
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Issue:
Does a professional nursing degree obtained by one spouse during a marriage constitute a marital asset subject to equitable division upon divorce?
Opinions:
Majority - Presiding Justice Pittman
No, a professional degree is not a marital asset. Adopting the majority view from other jurisdictions, the court reasoned that a degree is not property in the usual sense because it has no exchange value, cannot be sold or transferred, is personal to the holder, and terminates on death. The court cited In re Marriage of Graham, stating that a degree is an intellectual achievement, not a divisible asset. However, the court also found that it would be inequitable to allow the supported spouse to leave the marriage with an enhanced earning capacity without compensating the supporting spouse. Therefore, the court established that the supporting spouse may be awarded 'reimbursement alimony' in the form of a lump sum to recover their financial contributions upon providing sufficient proof of the expenditures.
Dissenting - Justice Waller
No, a professional degree is not a marital asset, but the majority's remedy is incorrect. The dissent argues that creating a special category of 'reimbursement alimony' is a dangerous precedent. It contends that a spouse's financial contributions to the other's education should simply be one factor considered under the existing Ferguson framework for the equitable distribution of actual marital assets. The dissent criticizes the majority's approach for creating a dollar-for-dollar reimbursement scheme rather than viewing the contribution as part of the overall marital partnership where both economic and domestic contributions are presumed equal.
Concurring in part and dissenting in part - Justice McRae
No, a professional degree is not a marital asset, but the majority's legal classification is flawed. This opinion concurs with the result but argues that the court's precedent in Ferguson suggests that contributions to education should be considered in the equitable distribution of marital assets, not as a separate issue of alimony. The opinion asserts that by creating an alimony-based remedy, the majority is inconsistently applying its own legal principles regarding the distinction between marital assets and alimony. It argues the degree should be treated as a marital asset for consistency with prior case law.
Analysis:
This case establishes a significant precedent in Mississippi family law as a matter of first impression. By ruling that a professional degree is not marital property, the court aligned Mississippi with the majority of U.S. jurisdictions. More importantly, the court created a new equitable remedy, 'reimbursement alimony,' to prevent unjust enrichment in situations where a marriage dissolves shortly after one spouse obtains a degree funded by the other. This decision provides a specific cause of action for supporting spouses outside the traditional equitable distribution framework, requiring them to prove their specific financial contributions to be made whole, thereby influencing how divorce cases involving educational support are litigated.
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