In Re Marriage of Watt

In this dissolution of a career-threshold marriage, we hold that the trial court must consider the totality of one spouse’s contributions to the other’s attainment of an education, including contributions for living expenses, when making a spousal support award decision pursuant to Civil Code section 4801. We further determine that in applying the spousal support criterion in effect at the time of trial, the court improperly focussed exclusively on the actual marital standard of living, without taking into account the reasons for the low standard. Finally, we hold that reimbursable community expenditures for the student spouse’s education under section 4800.3 generally do not include ordinary living expenses.

In this marital dissolution action Elaine Watt appeals from the judgment on reserved issues denying her requests for spousal support and reimbursement to the community of funds spent on David Watt’s education. David cross-appeals from that portion of the judgment ordering him to pay Elaine’s attorney fees and costs. We affirm in part and reverse in part.

I. Background

The parties married on June 17, 1972, and separated nine and one-half years later on December 15,…