Heath v. Heath, 1146

• Decision Date: 27 January 1988
• Docket Number: No. 1146,1146
• Citation: 295 S.C. 312,368 S.E.2d 222
• Court: South Carolina Court of Appeals
• Parties: Jane Windham HEATH, Respondent-Appellant, v. Charles T. HEATH, Appellant-Respondent. . Heard

Page 222

368 S.E.2d 222

295 S.C. 312

Jane Windham HEATH, Respondent-Appellant, v. Charles T. HEATH, Appellant-Respondent.

No. 1146.

Court of Appeals of South Carolina.

Heard Jan. 27, 1988.

Decided April 25, 1988.

Timothy G. Quinn of Ellison, Quinn & Isaacs, Columbia, for appellant-respondent.

Kermit S. King, Columbia, for respondent-appellant.

SHAW, Judge:

Respondent-Appellant, Jane Windham Heath, commenced this action against her husband, Appellant-Respondent Charles T. Heath, seeking a legal separation, support, equitable division of marital property, fees and costs. Husband counterclaimed seeking a divorce on the ground of one year continuous separation. From an order granting the wife $20,000 plus attorney's and expert's fees, both parties appeal. We reverse and remand.

The parties were married on March 12, 1983 during the husband's fourth semester in medical school. The wife had entered the job market at this time having attained a Master's degree in 1982. During the marriage, the wife worked at the University of South Carolina as a research analyst and subsequently for the Mental Health Association as a field services director. The husband's main sources of income during this time were scholarships, student loans and gifts from family members. In January of 1985, during the husband's last semester in medical school, the parties separated.

Both the husband and the wife appeal the portion of the order directing the husband to pay to the wife the sum of $20,000.

The trial judge first noted the principal issue was whether the wife should receive an award by way of alimony or equitable distribution where the principal asset available for division was a medical degree. Throughout the lengthy order, the trial judge discussed different approaches used in such a situation. He concluded South Carolina Supreme Court decisions indicated the definition of property was broad enough to include a medical degree and ordered the husband to pay to the wife "by way of equitable division or distribution of the asset of medical education or license or enhanced future earnings" the sum of $20,000. Further on in the order, upon dismissing the possibility of an award of lump sum alimony, he again stated the husband was to pay the wife "$20,000 as equitable distribution." Later on in the order, the trial judge discussed the approach of reimbursement alimony. At this point, he announced his selection of reimbursement alimony as the appropriate approach and valued the wife's contributions at $20,000. Finally, he ordered

that Respondent be, and hereby is, required to pay to Petitioner, by way of equitable distribution or division, the sum of $20,000 ...

The husband attacks the $20,000 award arguing, first, the trial judge erred in concluding the wife was entitled to alimony and an award of reimbursement alimony was improper. The wife contends the trial judge did not award her alimony of any kind, be it periodic, reimbursement or lump sum. She contends the operative language of the order denotes the award to be by way of equitable distribution and the "reimbursement alimony" statement was used as a guide by the trial judge in determining the amount of the award. Because of the wife's contentions, we decline to consider the propriety of reimbursement alimony in South Carolina. Instead, we treat the award as an equitable division since that is the recurring language used by the trial judge.

Thus, the question arises whether the award was proper as an equitable division of the husband's medical degree. The husband contends equitable distribution of a professional degree or license is improper under the South Carolina Supreme Court case of Helm v. Helm, 289 S.C. 169, 345 S.E.2d 720 (1986). We agree. In Helm the court stated

The majority of states considering the question have held a professional degree to be a personal intellectual attainment, not marital property subject to equitable distribution. See Annot., 4 A.L.R. 4th 1294. We agree and hold a professional or other degree or license is not to be classified as marital property under S.C.Code Ann. § 20-7-420(2) (1976).

The court in Helm was also faced with the issues of (1) reimbursement for financial contributions made in assisting a spouse to obtain a degree and (2) the obligation of one receiving contributions from a spouse in obtaining a degree to pay a percentage of future increases in income as additional alimony or child support. However, the court declined to consider these issues as the spouse failed to plead them. The wife contends...