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    Default Re: Division of Income from Moonlighting, Education Fund

    Quote Quoting llworking
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    Then again, I don't see how that could be a marital asset, it appears to be conditional to your employment.
    If this is a reimbursement check, then it would appear to be repayment for money spent out of the marital estate to pay for the continuing education.
    Quote Quoting pg79
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    Can you please tell me if I can argue in the court that my wife acquired higher training in the duration of marriage that will increase her income significantly from July, 2014. Do you think the court would consider our future earning potential? I am in a tough spot as I have yet to start 4 years of training from next year with minimal income. I will need my savings at that time.
    See Berger v Berger, 277 Mich App 700; 747 N.W.2d 336 (2008).
    Quote Quoting Berger v Berger
    The Postema Court noted that in certain situations panels of this Court had held that "fairness dictates that a spouse who did not earn an advanced degree be compensated whenever the advanced degree is the end product of a concerted family effort involving mutual sacrifice and effort by both spouses." Postema, supra at 94, 471 N.W.2d 912. The Court concluded that where "an advanced degree is the end product of a concerted family effort, involving the mutual sacrifice, effort, and contribution of both spouses, there arises a `marital asset' subject to distribution, wherein the interest of the nonstudent spouse consists of an `equitable claim' regarding the degree." Id. at 101, 471 N.W.2d 912. But the Postema Court specifically rejected the approach defendant advocates here of using expert testimony to establish a present value for an educational degree that one spouse obtained during the marriage and dividing it like any other marital asset. Id. at 102-103, 471 N.W.2d 912.

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