## Facts

- Duncan R. Simmons and Aura R. Simmons married in 1983; no children were born of the marriage.
- During the marriage, both pursued education and employment; Aura later became a registered nurse (1991).
- Duncan completed an undergraduate degree (1990), then medical school (1994), and began a surgical residency in Connecticut.
- Before medical school, both spouses worked and paid their own educational expenses while supporting the household.
- During medical school, Duncan could not work; he used loans and grants, while Aura worked and provided financial and household support.
- About three years into Duncan’s residency, he filed for dissolution; Aura was in her mid-50s and Duncan in his mid-30s.
- Aura asked the court to treat Duncan’s medical degree as marital property under Conn. Gen. Stat. § 46b-81, offering expert evidence valuing the degree by projected enhanced earnings.
- The trial court dissolved the marriage, declined to classify the medical degree as property, divided existing marital assets, and awarded no alimony to either party.

## Issues

1. Whether a medical degree earned during the marriage is “property” subject to equitable distribution under Conn. Gen. Stat. § 46b-81.
2. If the degree is not property, whether the trial court abused its discretion in the financial orders, including property distribution and denial of alimony.
3. Whether an enforceable contract between the spouses entitled Aura to compensation related to the degree or its enhanced earning capacity.

## Decision

- The Connecticut Supreme Court held that a medical degree is not “property” within the meaning of § 46b-81 and is not subject to division.
- The court affirmed the dissolution judgment to the extent it refused to treat the degree as marital property.
- The court reversed in part and remanded for further proceedings on the financial orders, concluding the trial court’s overall orders required reconsideration under the governing statutory factors.
- The court declined to decide the alleged contract claim.

## Legal Principles

- A professional degree earned during marriage is not distributable “property” under Conn. Gen. Stat. § 46b-81 because it is personal to the holder, nontransferable, and represents an expectancy of future earning capacity rather than a vested property interest.
- Expected future earnings associated with a degree are too contingent to be treated as a present property interest for equitable distribution.
- Although a degree is not divisible property, the court may consider the spouses’ respective earning capacities and the supporting spouse’s contributions when fashioning equitable financial orders, including property distribution under § 46b-81 and alimony under § 46b-82.
- Financial orders must reflect the statutory factors, including age, health, employability, income sources, needs, and each party’s opportunity for future acquisition of capital assets and income.

## Conclusion

The court rejected classification of a medical degree as marital property, but required reconsideration of the dissolution’s financial orders because equitable distribution and alimony determinations must account for the parties’ circumstances and contributions even when the degree itself cannot be divided.


Simmons v. Simmons, 708 A.2d 949 (Conn. 1998)