(General Rule): Upon divorce, who owns property is irrelevant, as
well as each spouses interests. (Note that while married,
respective interests are relevant).
1. Majority of states do not count value of professional degrees
as divisible property.
* Issue: Is the value one spouses professional degree subject to
division upon divorce?
* Example: In Re Marriage of Graham
* [NOTE: New York is an exception.]
* [NOTE: In large number of states, spouse can recover cost for
supporting spouse in getting their degree.]
2. Professional goodwill is a divisible marital asset in most
Professional Goodwill = "essentially, reputation that will
probably generate future business."
* Issue: Is a former spouse's professional goodwill a divisible
* Example: Elkus v. Elkus Opera singer case.
3. Implied contractual obligations between co-habituating couples
creates same rights as married couples.
* Issue: Upon divorce, will a court treat a co-habituating couple
that agreed to share assets the same as a married couple?
* Example: Marvin v. Marvin
* [NOTE: Implied contracts between co-habituating couples will be
enforced. Facts such as each party's conduct and the existence of
joint bank accounts are factors in determining if implied contract
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