Mahoney v. Mahoney - 91 N.J. 488, 453 A.2d 527 (1982)

Rule:

Regardless of the appropriateness of permanent alimony or the presence or absence of marital property to be equitably distributed, there will be circumstances where a supporting spouse should be reimbursed for the financial contributions he or she made to the spouse's successful professional training. Such reimbursement alimony should cover all financial contributions towards the former spouse's education, including household expenses, educational costs, school travel expenses and any other contributions used by the supported spouse in obtaining his or her degree or license.

Facts:

While plaintiff and defendant were married, they shared household expenses, except during the period when plaintiff pursued an advanced professional degree when defendant paid all of the household expenses. Both parties sought a divorce that was granted, and defendant sought reimbursement for support she provided while plaintiff obtained his degree, plus half of the cost of his tuition. The trial court ordered plaintiff to reimburse defendant for the support she provided. Plaintiff appealed, and the decision was reversed. Defendant appealed. 

Issue:

Did the appeals court correctly deny defendant any recovery for contributions made to plaintiff’s professional education? 

Answer:

No.

Conclusion:

On further review, the court reversed. Although the court agreed with the appeals court that a professional degree was not property subject to equitable distribution, defendant provided support while plaintiff pursued his degree with the expectation of deriving material benefits for both spouses. Thus, the case was remanded so that the trial court could determine whether reimbursement alimony should have been awarded in this case and, if so, in what amount.