GRAND RAPIDS DIVORCE ATTORNEY – MEDICAL AND PROFESSIONAL DEGREE
When you are facing a divorce and have a medical degree, it is important to have the representation of a good divorce attorney. Krupp Law Offices P.C. has been providing quality divorce representation in Grand Rapids, Michigan for over 85 years. If you are facing a divorce, your medical degree could be considered a marital asset, call the divorce attorneys at Krupp Law Offices P.C. for a free phone consultation. During your phone consultation, our attorneys will provide you with immediate answers to your questions and schedule an appointment with one of our attorneys.
CALL FOR A FREE PHONE CONSULTATION AT 616-459-6636.
VALUE OF MEDICAL DEGREE AS A MARITAL ASSET – POSTMA
The pinnacle case related to professional degrees is Postema vs. Postema, 189 Mich App 89, 471 NW2d 912 (1991). Under MCR 7.215(J), Postema is binding authority. Postema held that when a spouse’s professional degree is the result of a “concerted family effort” in which the parties shared foals and sacrifices, the nondegreed spouse has an equitable claim for compensation for his or her disproportionate sacrifices, efforts, and contributions. 189 Mich App at 99. This claim is in the nature of restitution: it simply gives back to the nondegreed spouse the value of any disproportionate contributions or sacrifices. The Court emphasizes that the compensable sacrifices may be economic (such as forgone educational or job opportunities or noneconomic (such as shared stress or the subordination of personal goals).
A Court may choose to compensate a spouse though a money award, or in appropriate cases, in kind by requiring the degreed spouse to support the other spouse through an educational program of his or her own choice. In arriving at an appropriate award, the Court’s overriding concern is fairness and equity. The Court should look at the relative contributions and sacrifices of the spouses, the sources and extent of the financial support for the degree holder while in school, and the overall division of the property. Courts also consider the length of time that has passed since attainment of the degree, during which the nondegreed spouse has already been compensated by sharing the fruits of the degree.
The Court of Appeals in Morse v Morse, 2006 WL 3524058 Mich. App., reversed a trial court and ordered that the court cannot consider residency in the calculation. Further, the court came to the same conclusion in Folkmier v Flokmier, 2002 WL 1747742 Mich. App.. Effectively the court ordered there was no family effort per Postma. Further, in Witzke v Witzke, 1997 WL 33343962 Mich. App., the court found no concerted family effort on similar facts to the current case. Lecair v Shareghi, 2002 WL 1897657 Mich. App. again affirmed an award of nothing for the value of a medical degree and has facts similar to the current case. Hinsberg v Hinsberg, 2010 WL 3296081 Mich. App., the court concluded that there was no significant change in lifestyle and affirmed little value place on Postma.
If you are facing a divorce, a good divorce attorney is not optional, it is a requirement! Our divorce attorneys can answer your questions with straight talk. Having the right divorce attorney on your side can relieve your stress during this difficult situation. Our Attorneys have over 85 years of divorce experience. Our attorneys have extensive divorce trial experience including property settlements, spousal support, alimony, child custody, and other serious divorce related issues. Typical fees to retain attorney for a divorce case can range and from 1,500 dollars to as high as 5,000 dollars. Considering the seriousness of this life changing event, it is extremely important to retain the services of an experienced attorney in the area of divorce.
Krupp Law Offices P.C. is located in downtown Grand Rapids, Michigan and has the right divorce attorney for you. We represent clients in all divorce matters throughout West Michigan, including the cities of Grand Rapids, Holland, and Grand Haven, and the counties of Kent, Ottawa, Allegan, Barry, Newaygo, Montcalm, Muskegon, and Ionia.
Call for a free phone consultation. Our office can help.
161 Ottawa NW Suite 404
Grand Rapids MI 49503
GRAND RAPIDS DIVORCE INFORMATION: