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Keywords

equityappealdivorcealimony
divorcealimony

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Hoak v. Hoak, 179 W.Va. 509, 370 S.E.2d 473

Facts

Rebecca Hoak and Bruce Hoak were married in 1980, during which time Bruce was pursuing his medical degree. Rebecca provided significant financial support and homemaker services while Bruce completed his education and residency. The couple separated in 1984, and Bruce filed for divorce. The circuit court awarded Rebecca temporary alimony and child support but did not classify Bruce's medical degree as marital property. Rebecca appealed this decision, arguing that the degree should be considered marital property subject to equitable distribution.

Rebecca Hoak and Bruce Hoak were married in 1980, during which time Bruce was pursuing his medical degree. Rebecca provided significant financial support and homemaker services while Bruce completed his education and residency.

Issue

Is a professional degree earned during marriage 'marital property' subject to equitable distribution upon divorce?

Is a professional degree earned during marriage 'marital property' subject to equitable distribution upon divorce?

Rule

A professional degree or license earned during marriage is not marital property subject to equitable distribution; however, reimbursement alimony may be awarded to a working spouse who contributed financially to the professional education of a student spouse.

A professional degree or license earned during marriage is not marital property subject to equitable distribution; however, reimbursement alimony may be awarded to a working spouse who contributed financially to the professional education of a student spouse.

Analysis

The court analyzed the definition of marital property under West Virginia law and concluded that a professional degree does not fit within that definition as it does not have an exchange value or objective transferable value. The court recognized the inequity faced by the supporting spouse and introduced the concept of reimbursement alimony to compensate for financial contributions made towards the education of the student spouse.

The court analyzed the definition of marital property under West Virginia law and concluded that a professional degree does not fit within that definition as it does not have an exchange value or objective transferable value.

Conclusion

The court reversed the lower court's judgment and remanded the case for further proceedings, allowing for the possibility of reimbursement alimony to the working spouse.

The court reversed the lower court's judgment and remanded the case for further proceedings, allowing for the possibility of reimbursement alimony to the working spouse.

Who won?

Rebecca Hoak prevailed in part as the court recognized the need for reimbursement alimony for her contributions to her husband's education, despite the ruling that the degree itself was not marital property.

Rebecca Hoak prevailed in part as the court recognized the need for reimbursement alimony for her contributions to her husband's education, despite the ruling that the degree itself was not marital property.

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