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Equitable Interest In Enhanced Earning Capacity: The Treatment Of A Professional Degree At Dissolution—In Re Marriage Of Washburn, 101 Wn. 2d 168, 677 P.2d 152 (1984), Helen A. Boyer

Washington Law Review

The Washington Supreme Court addressed this problem in In re Marriage of Washburn. The court held that a supporting spouse should be compensated for contributing to the attainment of a student spouse's degree. The court stated that such a contribution is a factor that trial courts must consider in dividing property or in awarding maintenance. It also held that trial courts must consider the future earning prospects of each spouse in making an award. Nonetheless, the court affirmed an award that was limited to restitution of direct expenditures and opportunity costs. A vigorous dissent argued that a professional degree is …