Illinois Divorce and Family Law Weblog

Helping You and Your Family get through DivorceSM.
Weblog of DuPage County Attorney Raiford D. Palmer, focusing on divorce and family law.
(Copyright© 2005-2008 by Raiford D. Palmer. All rights reserved.) This blog is for advertising only and the contents are not legal advice.

Thursday, February 15, 2007

Illinois Divorce Law - Marital Property - Recovery of Education Expenses

Under certain circumstances, a spouse can be compensated for his/her contributions to the education of the other spouse. For example, where a spouse pays for the law school education of the other and the couple divorces after a short time, the paying spouse can be compensated for the contributions to the education during the marriage. In re Marriage of Abma, 720 N.E.2d 645 (1st Dist. 1999). This can be a substantial sum for advanced educations (MBA, doctor, attorneys) and should not be overlooked in determining a fair property settlement.

On the other hand, the education itself is not marital property. Illinois law holds that a degree, education, license, and future earning capacity are not marital property. See In re Marriage of Weinstein, 470 N.E.2d 551 (1st. Dist. 1984).

If you need counsel for a divorce matter, please call me, attorney Raif Palmer at 630.434.0400, dial zero and ask to schedule an appointment. Initial consults are free of charge.

You can always email as well.

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