## Facts

- Beverly D. Nugent Shewbridge (wife) and Anthol William Shewbridge, Jr. (husband) married in December 1987.
- At the time of marriage, the husband was an aviation-science student and was not employed; his father provided money to help with school and living costs.
- During the marriage, the husband continued college and obtained a commercial pilot’s license while the wife worked full time, at times working two jobs.
- The wife presented evidence that her wages funded the household and covered the husband’s living expenses and part of the schooling and training costs, and that it was difficult to make ends meet on her income.
- The parties used a joint account for items such as rent, groceries, tuition, and books; the wife testified the father’s monthly contributions were not enough to cover everything.
- The couple’s tax returns reflected that the wife was the only wage earner during the marriage.
- The wife testified the spouses had an agreement: she would work while he finished his education and pilot training, and he would later support her finishing a nursing degree.
- After the husband completed his degree and obtained his commercial pilot’s license, the marriage deteriorated; the parties separated (about a year after the license), and the wife filed for divorce.
- In the divorce proceedings, the wife sought a lump-sum award under La. Civ. Code art. 121 for her contributions to the husband’s education and training that increased his earning capacity.
- The trial court credited the wife’s testimony and evidence and awarded her $15,314.30.
- The husband appealed, disputing both entitlement and the amount, arguing (among other points) that his post-training income was modest and that his father or his own funds covered most educational expenses.

## Issues

1. Whether the wife proved entitlement to compensation under La. Civ. Code art. 121 for financial and other contributions to the husband’s education and pilot training that increased his earning power.
2. Whether the trial court abused its discretion in setting the amount of the Article 121 award.

## Decision

- The Court of Appeal held the wife proved an Article 121 claim based on the record showing she supported the household while the husband completed schooling and pilot training, resulting in detriment to her and increased earning capacity for him.
- The court rejected the husband’s argument that the wife could not recover because his current earnings were not substantial, explaining that Article 121 focuses on increased earning power and the equities, not only immediate post-training income.
- The court also rejected the husband’s attempt to shift responsibility to third-party support where he failed to substantiate his claims and the trial judge reasonably credited the wife’s version of events.
- The court amended the judgment’s amount in a minor respect and affirmed the award as amended.

## Legal Principles

- La. Civ. Code art. 121 allows a divorced spouse to obtain an equitable monetary award when that spouse made financial contributions to the other spouse’s education or training and the education or training increased the other spouse’s earning power.
- Qualifying “contributions” can include paying day-to-day living expenses and other support that permits the student spouse to complete schooling or training.
- The court may consider both the contributing spouse’s detriment (including delayed educational plans and reduced standard of living) and the advantage gained by the educated spouse (including increased earning capacity).
- A spouse’s right to Article 121 compensation is not defeated merely because the educated spouse’s earnings are initially modest after training.
- Financial help from a parent or other third party does not automatically bar recovery; the fact finder may still award compensation if the claimant proves meaningful contributions.
- Trial-court credibility calls and factual findings on the parties’ finances are reviewed under the manifest error/clearly wrong standard, and the trial court has broad discretion in setting the amount of an Article 121 award.

## Conclusion

The Second Circuit concluded that the wife proved she substantially supported the marriage while her husband completed aviation education and obtained a commercial pilot’s license, that this support increased his earning capacity and caused her detriment, and that an Article 121 lump-sum award was justified; the court made a small adjustment to the amount and affirmed the judgment as amended.


Shewbridge v. Shewbridge, 720 So. 2d 780 (1998)