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Massachusetts Law - Professional Degrees Professional degrees are not marital property in Massachusetts. However, the court may take into account the increased earnings potential of a party who has a professional degree. The court may also take into account the benefit a spouse rendered by putting another spouse through professional school, as well as the cost to the homemaker spouse in terms of education or career advancement. Cases: Feathler (1992) 598 NE2d 671 (The court stated that a professional degree is not itself property.) Lyons (1988) 526 NE2d 1063 (The court could consider contributions of one spouse toward the other spouse's attaining a degree, but the degree itself is not property to be divided.) Drapek (1987) 503 NE2d 946 (The wife put the husband through medical school, and they divorced while he was a resident. At the time of the divorce, the wife was 27 years old, and the husband was 28. The court concluded that the husband's medical degree is not a piece of property that can be divided. However, it may be a factor in setting an alimony award. The reason for the distinction is that alimony may be modified later, whereas a property settlement may not be. The court found that the amount of the lower court's award, 9.35% of gross income up to $60,000 for five years, would have been acceptable, if it had been based solely on the husband's earning potential and the wife's past contributions. The lower court had stated that the medical degree was property, which was wrong. Nonetheless, the reviewing court let the lower court's conclusion remain because it was a reasonable result.)
Disclaimer: We are not giving legal advice. No warranties. We disclaim all legal liability. More... Click here to go to top Massachusetts legal page. Click here for the Massachusetts divorce legal table of contents. | |||||||||||||||||||||||||
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