In re Marriage of Olar,
747 P.2d 676 (Colo. 1987)



Facts: During a marriage of 12 years' duration, Sally Olar (P) worked while her husband, Terry (D), was a fall-time student (with the exception of one year), completing undergraduate and graduate education. Little property was acquired during the marriage. At the time of the divorce hearing, P was a full- time college student. P claimed that she was entitled to maintenance, which would represent compensation for her working full time to assist D in his attainment of his degree. She claimed that D had agreed he would support her efforts to achieve a college education after he completed his education. The trial court held that P was not eligible for maintenance because she could not establish the threshold of need necessary under the statute to award maintenance because she was capable of supporting herself. The court of appeals affirmed. P appeals.

Issue: Whether an educational degree is marital property?

Holding: Yes. Judgment reversed and remanded. The Supreme Court, Vollack, J., held that: (1) educational degree did not constitute marital property subject to division upon dissolution, and (2) in determining maintenance, trial court should have considered any unfairness which resulted when wife sacrificed her own educational goals to support her spouse through school.

AnalysisPetitioner former wife challenged the denial of an award of maintenance under Colorado law- in favor of respondent former husband, contending either it was error to conclude the husband's advanced degree did not constitute marital property or she was entitled to maintenance for contributions towards his education. The court affirmed in part, determining a prior decision that ruled that an education degree was not marital property was proper. The court reiterated the reasoning that an educational degree was too dependent upon the attributes and future choices of the possessor to be fairly valued. The court observed a spouse who provided financial support while the other spouse acquired such a degree was not without remedy. The court explained that an award of maintenance could have been made based on all relevant factors, including the wife's contribution to the husband's education. The court reversed, finding the decision that wife could adequately support herself and failed to meet the threshold need justifying maintenance insufficiently addressed the resulting unfairness because she sacrificed her own education goals to support husband.

Note:The majority of courts have found degrees not to be property or, if property, too speculative to value.