Hoak v. Hoak
West Virginia Supreme Court
1Opinion of the Court
BROTHERTON, Justice:
This appeal from a divorce decree presents an issue of first impression in the courts of West Virginia: Is a professional degree earned during marriage “marital property” subject to equitable distribution? The circuit court in this case answered “no,” and Rebecca Hoak, the working spouse, appeals. Based on our review of the record, the briefs, and the law of the many jurisdictions that have considered this issue, we conclude that a professional degree is not marital property. The Court adopts instead the concept of reimbursement alimony as a means of compensating the…
2Cases cited18 opinions
- O'Brien v. O'BrienNew York Court of Appeals · 1985
- In Re Marriage of GrahamSupreme Court of Colorado · 1978
- Saint-Pierre v. Saint-PierreSouth Dakota Supreme Court · 1984
- Mahoney v. MahoneySupreme Court of New Jersey · 1982
- Cross v. CrossWest Virginia Supreme Court · 1987
13 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- In Re the Marriage of FrancisSupreme Court of Iowa · 1989
- Simmons v. SimmonsSupreme Court of Connecticut · 1998
- May v. MayWest Virginia Supreme Court · 2003
- Donahue v. DonahueSupreme Court of South Carolina · 1989
- Metzner v. MetznerWest Virginia Supreme Court · 1994
14 more not listed; retrieve them via the Exa API.