VII. Education Loans

§7.01 Community Reimbursed for Contribution to Education

You must order that the community be reimbursed for community contributions to education or training of a spouse that substantially enhances that person's earning capacity. The amount reimbursed must include interest at the legal rate, accruing from the end of the calendar year in which the contributions were made. [FC §2641(b)(1); see FC §2627.]

Do not order reimbursement, however, in the following circumstances:

• The parties expressly agreed in writing to the contrary [FC §2641(e)];
or
• The contributions were for ordinary living expenses that would be incurred regardless of whether the spouse attended school, stayed home, or worked [Marriage of Watt (1989) 214 CA3d 340, 354].