Simmons v. Simmons

708 A.2d 949 (1998)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

H and W were married in 1983. At the time of marriage, H was 23 and a sergeant in the U.S. Army. W was 43 and was working as a bartender. During the course of their marriage, both W and H pursued their individual educational goals. W got degrees and became a nurse. H got degrees and became a doctor. H and W both paid their own educational expenses and were both employed and jointly supported the family unit until H entered medical school when he was prohibited from maintaining outside employment. H got loans and grants to pay for the school and to defray some of the household expenses. W worked to support the family while H got his medical degree. W did not make any direct financial contribution toward the cost of the medical degree. In the third year of his five-year surgical residency, H filed for divorce. W argued that H's medical degree was property subject to equitable distribution. She claimed that the present value to her would be $1.5 million and based this on expert witness testimony. The trial court concluded that the degree was not property subject to equitable distribution pursuant to 46(b)-81. The court issued a decree dissolving the marriage and denied both parties alimony and ordered distribution of the assets and debts. W appealed.