Legal Question in Family Law in Arizona

Medical student graduate divorce

I am divorcing my husband due to his extramarital affair. I supported him through his last year of undergraduate school at the University of Arizona and throughout his four years of medical school at the University of Arizona. He is currently a resident medical doctor at the University of Arizona. I am told, because we do not have children, that I am not entitled to compensation for putting him through medical school. Is this correct? We live in a no fault state. Are there any cases in my jurisdiction where unjust enrichment rules applied?


Asked on 10/09/98, 4:01 pm

1 Answer from Attorneys
Kathleen Coughenour DeLaRosa Coughenour Law Office, P.C.

Re: Medical student graduate divorce

You are told incorrectly. The statute regarding spousal maintenance (A.R.S. 25-319) provides, in part:

"A. In a proceeding for dissolution of marriage or legal separation, or a proceeding for maintenance following dissolution of the marriage by a court which lacked personal jurisdiction over the absent spouse, the court may grant a maintenance order for either spouse for any of the following reasons if it finds that the spouse seeking maintenance:

. . . .

3. Contributed to the educational opportunities of the other spouse."

I don't have it handy, but there is also case law that a spouse who contributed to the education of

the other spouse, who obtained a professional degree, is entitled to spousal maintenance.

I suggest you contact an attorney.

Kathleen DeLaRosa

Kathleen C. DeLaRosa Law Office

4220 West Northern Avenue, Suite 115


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Answered on 12/28/98, 10:33 am


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