Legal Corner: Can I get my money back for paying for my ex’s education?

Video: Legal Corner - Can I get my money back for paying for my ex’s education?

Submit your questions to news@kplctv.com. Civil matters only, please.

Question: I would like to draft a living will but I’m unsure if this can be done without it being notarized by a notary. May I draft a will without having it notarized and incurring the expense of paying a notary?”

Answer: Yes, but it has to have two witnesses. Living wills are basically advance medical directives for end of life care.

The Law:

La. Revised Statute 40:1151.2 provides form requirements for a living will. Living will forms are free and are available on the Louisiana Sec. of State’s website which can be viewed at https://www.sos.la.gov/OurOffice/PublishedDocuments/LivingWillDeclarationForm.pdf

Question: “About a year ago, I divorced my ex-spouse and the Judge ordered me to pay spousal support. Recently, I found out that my ex-spouse moved in with her new boyfriend. May I have my spousal support obligation terminated since my ex-spouse now lives with her new boyfriend?”

Answer: “Likely so, the obligation of interim or final periodic spousal support is extinguished upon a judicial determination that the oblige (such as your ex-spouse) has cohabited with another person of either sex in the manner of married persons. However, you must bring a civil action to have your spousal support obligation terminated”.

The Law:

Louisiana Civil Code Art. 115. Extinguishment of support obligation

The obligation of interim spousal support or final periodic support is extinguished upon the remarriage of the obligee, the death of either party, or a judicial determination that the obligee has cohabited with another person of either sex in the manner of married persons.

Question:While married to my ex-wife, I paid for her to go to school to be a nurse. We divorced a month after her graduation. I spent thousands of dollars by paying for her tuition, books, among other expenses at which I never received a dime back in return. Is it possible for me to be reimbursed for the money I spent for my ex-spouse’s education?”

Answer: Yes, but it also depends on how long ago the divorce was granted. In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.

The person that’s seeking reimbursement as such has three years to file his civil action from the date of the signing of judgment of divorce or declaration of nullity of marriage or his right to bring such an action prescribes pursuant to Louisiana law.

The Law:

Louisiana Civil Code Art. 121. Claim for contributions to education or training; authority of court

In a proceeding for divorce or thereafter, the court may award a party a sum for his financial contributions made during the marriage to education or training of his spouse that increased the spouse's earning power, to the extent that the claimant did not benefit during the marriage from the increased earning power.

The sum awarded may be in addition to a sum for support and to property received in the partition of community property.

Louisiana Civil Code Art. 124. Prescription of spousal claim for contributions

The action for contributions made to the education or training of a spouse prescribes in three years from the date of the signing of the judgment of divorce or declaration of nullity of the marriage.

Disclaimer: The information furnished in this answer is general and may not apply to some situations. All legal situations are unique. No one should rely to their detriment on these answers. Anyone with a potential legal problem should seek the advice of a licensed attorney before taking any action or inaction. The answers provided are not intended to be specific legal advice and no attorney-client relationship is created between the SWLA Law Center and the viewers of KPLC-TV.

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