Kevin A. Downs v. Susan A. Downs

Summary

The court held that a professional degree and the resulting increased earning capacity are not marital property subject to distribution. However, when one spouse helped the other obtain a professional degree and the marriage ends before its benefits are realized, the degree's future earning value may be considered in awarding maintenance. The court vacated the property division and specified maintenance provisions, affirmed the remainder of the decree, and remanded for reconsideration.