Have an interesting question for the law experts here.

[Buttzilla]

My friend's boss is going through a nasty divorce and she told me that half of what he makes is going to his soon-to-be ex-wife, forever. He's a dentist and completed his degree while they were still married. Because of that, she was entitled to half the degree and since he needs the degree to work, half of whatever he produces goes to her.

Maybe I'm misinterpreting this or maybe my friend just doesn't understand the situation clearly but the case above just seems absurd.

Any clarification would be appreciated.

Btw, the wife cheated on the doctor, they have 2 teenage kids together and she's currently living with the new guy while the divorce papers get finalized.

 

[Onita]

What you are hearing is one side of the story from a pissed off ex. Nobody can clarify because nobody knows the story and laws differ by state.

 

[SunSamurai]

rofl @ entitled to 1/2 of the degree!

 

[jonks]

I'm glad you're laughing SunSamurai, but if she supported him while he was in school, then in some states she is entitled to increased support. The degree is generally not considered marital property, and she can't open a dentist office and practice medicine, but his higher earning capacity due to a degree earned while they were married can be considered for purposes of support and alimony, depending on the state.

 

[Buttzilla]

I'm glad you're laughing SunSamurai, but if she supported him while he was in school, then in some states she essentially owns half his degree for purposes of equitable distribution. It's not like she can open a dentist office and practice medicine, but his higher earning capacity due to a degree earned while they were married is considered for purposes of the property division.

yup, did some reading and chatted with a lawyer friend, california has something called community property. this is what she said

" its usually 10 [years], barring special circumstances i think
like, the court sees it as, after 10 yrs, the family has gotten that much more money because of the degree, so essentially the money put into getting the degree is paid off...what he made during hte marriage = community property, so still half the assets will be hers does that make sense? community property = all property acquired during marriage, including wages and that is all split 50/50"

also, once the divorce is finalized that ends there unless she gets the custody. my friend just made it sound like her boss would have to split his earnings for the rest of his life! now that's a scary thought.

 

[summit]

yup, did some reading and chatted with a lawyer friend, california has something called community property. this is what she said

" its usually 10 [years], barring special circumstances i think
like, the court sees it as, after 10 yrs, the family has gotten that much more money because of the degree, so essentially the money put into getting the degree is paid off...what he made during hte marriage = community property, so still half the assets will be hers does that make sense? community property = all property acquired during marriage, including wages and that is all split 50/50"

also, once the divorce is finalized that ends there unless she gets the custody. my friend just made it sound like her boss would have to split his earnings for the rest of his life! now that's a scary thought.

if they were married for more than 10 years, he's fucked. he'll be paying her for a good 15+ years. we want pre-nup!

 

[Buttzilla]

if they were married for more than 10 years, he's fucked. he'll be paying her for a good 15+ years. we want pre-nup!

you know what the funny thing is? today, the doctor was unusually happy. so i ask my friend what's up...she says he has a day full of cleanings. cleanings = 30-50 depending on insurance, as oppose to doing root canals and crowns which can range from 1500-2500k.

 

[jonks]

also, once the divorce is finalized that ends there unless she gets the custody. my friend just made it sound like her boss would have to split his earnings for the rest of his life! now that's a scary thought.

One thing that that does depend on is whether she paid for all or a good portion of his tuition. If she did, then her alimony would be CONSIDERABLE if she stayed home with the kids and he did the working. And depending on how long they were married, spousal support can continue for a very, very long time. If they are in their 50s say and the chances of her suddenly developing a career are nil, she's likely to get alimony forever (or until remarrying.)