IN RE MARRIAGE OF GRAHAM 574 P.2d 75 (Colo. 1978) CASE BRIEF

IN RE MARRIAGE OF GRAHAM

574 P.2d 75 (Colo. 1978)

NATURE OF THE CASE: This was an appeal of a ruling dividing property in a marital dissolution.

FACTS: Anne Graham (P) was the wife of Dennis Graham (D). They were married for six years with P working as an airline stewardess. D worked part time but his main pursuit was his education. She supported him financially while he pursued his education, which included a B.S., and M.B.A. degrees. Following graduation, D obtained a job as an executive assistant with a large corporation at a starting salary of $14,000 per year. Soon after D attained these degrees, their marriage ended. The Uniform Dissolution of Marriage Act requires that a court shall divide marital property without regard to marital misconduct in such proportions as the court deems just after considering all relevant factors. It was determined that P contributed 70% of all financial support during marriage. No martial assets were accumulated during the marriage. They also managed an apartment house together and P did the majority of household work and cooked most of the meals for the couple. No children were born. P did not make a claim for maintenance or for attorney fees. The trial court determined that an education obtained by one spouse during marriage is jointly owned property to which the other spouse has a property right. The trial court awarded P installment payments based on the estimated earning capacity of D. It held that because she supported him in his pursuit of the degrees, she had an interest in the future rewards of the degrees. The M.B.A. future potential earnings were determined to be $82,836. P was awarded $33,134 payable at the rate of $100 per month. D appealed. The intermediate court held for D in that education cannot be property subject to division under the Act but it was one factor to consider in determining maintenance or in arriving at an equitable property division. P appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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