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When has the community substantially benefited from a student spouse’s education? According to California’s Appellate Courts, the community has substantially benefited when actual benefits exceed the anticipated benefits of the student spouse’s education.
A judge may also conclude substantial benefit when the married couple enjoyed a high standard of living or accumulated substantial community assets as a result of the student spouse’s education paid by the community or outstanding student debt.
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Proving facts necessary to establish a right of reimbursement for educational costs under California Family Code Section 2641 is usually difficult.Follow the provided instructions, print, sign and file with the court. Unless it would be “unjust,” or a married couple otherwise agrees in writing, California Appellate court’s have held that, a spouse’s student loans “must be assigned for payment to the spouse who obtained the education or training.” (California Family Code Section 2627) But, if the community “substantially benefited” from the spouse’s education during marriage, the loan may be divided and awarded to each spouse equally.A spouse seeking reimbursement must make a formal legal request and trace community funds to reimbursable expenses.Reimbursable expenses are those directly related to a spouse’s education, including tuition, books, fees, and supplies, but do not include ordinary living expenses such as housing, food, medical care, etc.