[net.women] degrees to be part of divorce settlements?

soreff (02/14/83)

	The following is a selection of excerpts from "A Drive to Make
Graduate Degree part of Divorce Settlement" by William Johnson, from
the Peninsula Times Tribune 2/12/83.  These excerpts are followed by
my personal opinion and some quotes on the economic effects of
education.

		"A bill making the future earning capacity of a husband
	and wife community property, based on the value of education
	acquired during the marriage was introduced Tuesday by Assemblyman
	Alister McAlister, D-Fremont.
		The bill would allow one divorcing spouse to claim
	compensation from the other if the latter had acquired 'enhanced
	earning capacity' with graduate degrees during the marriage.
		McAlister is concerned about what more often happens to
	women who divorce after putting their husbands through medical or
	law school.  The assemblyman wants the so-called enhanced earning
	capacity to be considered as a tangible marital asset with a
	determinable value, like a house that is bought during a marriage.
	McAllister thinks that spouses, typically women, are entitled to
	the future payoffs of their spouses' education."
		"...But lawyers specializing in family law are divided
	about whether giving monetary value to the future benefits of
	education acquired during a marriage would make divorce
	settlements more equitable.  Some family lawyers say it would
	result in an administrative nightmare.
		Carol Bruch, professor of law at the Universities of
	California at Davis and at Berkeley, has served as a consultant to
	McAlister during the development of his bill, AB 525."
		"...'When a couple decides to invest in human capital,
	education, instead of putting money into stocks, they are
	investing in a potential future that will bring back an
	enhanced income.  The problem comes when you have an
	investment in a marriage that does not last,' Bruch said."
		"...Former chairman of the State Bar Association
	section on family law, Spencer Brandeis, said Thursday that
	giving community property status to potential earning capacity
	is a 'hot potato.'"
		"...The issues[sic] raises many ponderous questions,
	Brandeis said.
		'What happens to the educated spouse who gets his MD
	degree at a state school rather than an expensive private school?
	Is his enhanced earning capacity different?
		What happens to a doctor who gets his degree but is unable
	to use it or chooses not to?  What is his wife entitled to?'"

	There are some serious questions as to whether education should be
considered to be form of capital investment, directly supplying work
skills, or whether it should be considered a form of certification of
suitability for training, making the educated spouse appear more suitable
to a potential employer.  In Public Interest (Spring 1972), Lester C.
Thurow wrote an article entitled "Education and Economic Equality" from
which the following quotes are drawn:

		"... a large body of evidence indicates that the American
	labor market is characterized less by wage competition than by JOB
	COMPETITION.  That is to say, instead of people looking for jobs,
	there are jobs looking for people-for 'suitable' people.  In a
	labor market based on job competition, the function of education
	is not to confer skill and therefore increased productivity and
	higher wages on the worker; it is rather to certify his
	'trainability' and to confer upon him a certain status by virtue
	of his cetification.  Jobs and higher incomes are then distributed
	on the basis of this certified status."
		"...Government education and training policies have not
	had the predicted impact because they have ignored the 'job
	competition' elements in the labor market.  In a labor market
	based on job competition, an individual's income is determined by
	(a) his relative position in the labor queue and (b) the
	distribution of job opportunities in the economy.  Wages are based
	on the characteristics of the job, and workers are distributed
	across job opportunities on the basis of their relative position
	in the labor queue.  The most preferred workers get the best
	(highest-income) jobs.  According to this model, labor skills do
	not exist in the labor market; on the contrary, most actual job
	skills are acquired informally AFTER a worker finds an entry job
	and a position on the associated promotional ladder.
		As a matter of fact, such a training process is clearly
	observable in the American economy.  A survey of how American
	workers acquired their actual job skills found that only 40 per
	cent were using skills they had acquired in formal training
	programs or in specialized education-and, of these, most reported
	that some of the skills that they were currently using had been
	acquired through informal on-the-job training.  The remaining 60
	per cent acquired all of their job skills through such informal
	on-the-job training.  More than two thirds of the college
	graduates reported that they had acquired job skills through such
	informal processes.  When asked to list the form of training that
	had been most helpful, only 12 per cent listed formal training and
	specialized education."

	This implies that, if anything should be considered indicative
of investment in human capital, it should be the increase in income of
a spouse occurring while the spouse is working, NOT the increase
resulting from education.  One can regard a degree as a safe conduct
past the barriers to entry into a field.  This may be due to personnel
policies in industry or due to legislative fiat (licensing and other
restrictions).  Thus it appears that education (although costly)
should not be considered an investment and should not be treated as
community property.  Does anyone out there have comments on this?

	-Jeffrey Soreff (hplabsb!soreff)

dkw (02/15/83)

Whether a degree is an investment in human capital, or simply a method of
certification  is irrelevant to the argument over its value in a divorce case.
While to an employer the degree may simply be certification, to the employee
it is a capital investment in the sense that it increases his salary.  The
fact that it has nothing to do with productivity (if true) is irrelevant to
the employee.
   Therefore, whatever its real advantage to society, one should consider
education to be a capital expenditure as far as divorce settlements.

thomas (02/16/83)

For what it's worth dept:

The IRS considers the money you pay for your (college) education to be 
an investment in future income, so you can't deduct it as an expense.

=Spencer

jfw (02/17/83)

My own thoughts on making degrees part of divorce settlements:

Placing a cash value on such an intangible seems to be logically foolish
(which, of course, has *nothing* to do with law).  My own degree in CS
(and those of many others on the net) seems to hold the promise of
greatly lucrative payoffs from now until my fingers fall off -- but what
if someone develops the Ideal Programmer's Apprentice that takes a rough
English sketch of what a program should do, translates it into optimal
assembly code and even writes the MAN(1) page for you?  A lot of
``highly paid'' programmers are going to be out cleaning disk packs...

Or suppose that I decide one day that I would rather be an avant-garde
painter [or for a concrete example--a music teacher here at MIT who
gave up a CS job for a music teaching job at U of somewhere for .50 as
much money].

Don't ask me what the right solution is, I have long felt that most
people are terminally broken to start with...were they not, there would
be far fewer divorce cases, and no cases where each party is out to do
metaphysical violence in one form or another to the other.