In many Louisiana marriages, one spouse helping the other advance and improve themselves is frequently part of the terrain. This is in addition to sharing the costs for a home, the necessities like food and clothing and raising a family. If the primary breadwinner is helping the spouse receive education or training for a job or career, this could be a topic for dispute during a divorce. Some spouses might want to lodge a claim for the contributions they made and want to be compensated for it. The law covers this to address any dispute that might come up.
Key points about claims for education and training during divorce
In the divorce, the court might decide that it is reasonable to award the paying spouse a sum for any financial contributions they might have made to the other’s education or training. The education or training might have increased the recipient’s earning power and it will be assessed as to whether that increase benefited the claimant.
This is not connected to support payments or property division when the couple’s community property is divided. For example, if a spouse paid for the other spouse to attend college and they were subsequently able to get a job or advance in a job they already had but the paying spouse did not benefit while they were married, then there could be a payment made to account for this. The spouse who received the training or education may disagree. This is when the court will need to assess the case and come to a determination.
Addressing contributions for education and training may require assistance
Spouses will generally want to improve and advance during the marriage. Helping the other is a fundamental aspect of a successful union. Still, when a couple can no longer remain together and decides to divorce for any reason, there might be a dispute over these contributions and if compensation should be paid.
In any family law case, it is preferable for the parties to negotiate an amicable agreement. However, that is not always possible and the court will analyze the case. Whether it is from the viewpoint of the person who paid for the education and training or the one who received the benefit of it, it is wise to have assistance from experienced professionals. To reach a fair outcome, it is vital to seek guidance from the start.