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In re Marriage of Graham, 194 Colo. 429, 574 P.2d 75

Facts

The parties were married on August 5, 1968, in Denver, Colorado. During their six-year marriage, Anne P. Graham worked full-time as an airline stewardess, contributing approximately 70% of the couple's income, while her husband, Dennis J. Graham, pursued his education, obtaining both a bachelor's degree and a master's degree in business administration. The trial court found that Anne's financial support was used for both family expenses and Dennis's education, but no marital assets were accumulated during the marriage. After filing for dissolution of marriage, the trial court ruled that Dennis's education was jointly owned property, leading to the appeal.

The parties jointly filed a petition for dissolution, on February 4, 1974, in the Boulder County District Court. Petitioner did not make a claim for maintenance or for attorney fees.

Issue

Whether a master's degree in business administration obtained during marriage constitutes marital property subject to division under the Uniform Dissolution of Marriage Act.

The issue here is whether traditional, narrow concepts of what constitutes 'property' render the courts impotent to provide a remedy for an obvious injustice.

Rule

The Uniform Dissolution of Marriage Act defines marital property as all property acquired by either spouse during the marriage, excluding certain categories such as property acquired by gift or after legal separation. The court must divide marital property in proportions deemed just after considering all relevant factors.

The Uniform Dissolution of Marriage Act requires that a court shall divide marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors.

Analysis

The court determined that an educational degree, such as an M.B.A., does not meet the criteria of 'property' as defined by the Act. It lacks exchange value, is personal to the holder, and cannot be assigned or transferred. The court acknowledged that while a spouse's contributions to the other's education are relevant in determining maintenance or property division, the education itself does not qualify as divisible property.

An educational degree, such as an M.B.A., is simply not encompassed even by the broad views of the concept of 'property.' It does not have an exchange value or any objective transferable value on an open market.

Conclusion

The Supreme Court affirmed the Court of Appeals' decision, concluding that the husband's master's degree was not marital property subject to division, and that the wife had no claim to a portion of it.

The judgment is affirmed.

Who won?

Dennis J. Graham prevailed in the case because the court ruled that his master's degree was not considered marital property under the law, thus he was not required to share its value with his wife.

The court of appeals reversed, holding that an education is not itself 'property' subject to division under the Act, although it was one factor to be considered in determining maintenance or in arriving at an equitable property division.

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