## Facts

- Janet and Mark Sullivan married in 1967.
- During the marriage, Mark attended medical school, then internship and residency; Janet worked to support the household at various times and at points reduced or stopped work to accompany Mark and care for their child.
- The parties accumulated only modest tangible community assets, which they disposed of by agreement as part of the dissolution.
- Mark filed for dissolution in 1978.
- Janet sought to introduce evidence valuing Mark’s medical education as the marriage’s principal asset and to obtain a share of its benefits.

## Issues

1. Whether a professional education or degree obtained during marriage constitutes community property subject to division on dissolution.
2. Whether statutory amendments providing reimbursement for community contributions to a spouse’s education apply to a dissolution case not final as of the statute’s effective date.
3. Whether the trial court abused its discretion in awarding attorney’s fees and costs.

## Decision

- The court held that a professional education or degree is not community property subject to division.
- The court held that, under the intervening statutory amendments, the community is entitled to reimbursement for qualifying community contributions to a spouse’s education or training that substantially enhances earning capacity, absent an express written agreement to the contrary.
- Because the dissolution was not final as of the amendments’ effective date, Janet was entitled to seek relief under the new reimbursement and support provisions.
- The court upheld the attorney’s fee and cost award as within the trial court’s discretion.
- The matter was remanded for further proceedings consistent with the statutory reimbursement and related spousal support framework.

## Legal Principles

- A professional degree or education is a personal attribute and lacks ordinary property characteristics (transferability, sale, assignment), so it is not divisible community property.
- Valuing an education as property based on projected earnings is speculative and not required where the Legislature has provided a specific remedy.
- Statutory reimbursement rules for community contributions to education or training apply to cases that are not final as of the statute’s effective date, according to legislative direction.
- In dissolution proceedings, attorney’s fees and costs may be awarded based on relative circumstances and need, and such awards are reviewed for abuse of discretion.

## Conclusion

A spouse’s professional education acquired during marriage is not community property, but in a dissolution not yet final when the reimbursement statute became effective, the supporting spouse may obtain statutory reimbursement for community contributions that enhanced the other spouse’s earning capacity, with the case remanded to apply that scheme and related support considerations.


In re Marriage of Sullivan, 691 P.2d 1020 (Cal. 1984)