In Re Weiner

The principal issue in this case concerns interpretation of Family Code section 2641, which dictates the conditions under which a spouse must reimburse the marital community for educational loan payments made from community resources. In general, under section 2641, subdivision (b)(1), a spouse must reimburse the community for educational expenses which were paid by the community and which substantially enhanced the spouse’s earning capacity. However, under section 2641, subdivision (c)(1), any reimbursement to the community must be reduced to the extent the benefit the community received from the education makes full reimbursement unjust.

Contrary to the finding of the trial court, section 2641 does govern instances, such as this one, where a spouse’s education took place before marriage and community funds were used during the marriage to repay the spouse’s educational loans. Accordingly, we must reverse the trial court’s order requiring complete reimbursement of funds the community used to repay appellant Michael Scott Weiner’s (Michael) premarital medical school loans and remand for consideration of both how Michael’s medical education enhanced his earning capacity…