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Simmons v. Simmons

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Simmons v. Simmons
CourtConnecticut Supreme Court
Full case name Duncan R. Simmons v. Aura R. Simmons
DecidedMarch 24, 1998 (1998-03-24)
Citations708 A.2d 949; 244 Conn. 158
Court membership
Judges sittingRobert J. Callahan, Robert I. Berdon, Flemming L. Norcott Jr., Joette Katz, Francis M. McDonald Jr.
Case opinions
Decision byCallahan
ConcurrenceBerdon, Norcott, Katz, McDonald
Keywords

Simmons v. Simmons, 708 A.2d 949 (1998), was a case decided by the Supreme Court of Connecticut that held that a medical degree is not a property interest subject to division during a divorce proceeding under a marital property regime.[1]

Decision

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The plaintiff sought to acquire half of the expected value of her husband's medical degree during divorce proceedings. The plaintiff provided testimony about the earnings potential associated with a medical degree and sought half of the expected earnings associated with the degree. The court ruled that the medical degree was not a property interest subject to division, but rather simply an expectancy that may not even vest.[2]

References

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  1. ^ Casner, A.J. et al. Cases and Text on Property, Fifth Edition. Aspen Publishers, New York, NY: 2004, p. 603
  2. ^ Casner, pp. 567 - 603
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  • Text of Simmons v. Simmons, 244 Conn. 158, 708 A.2d 949 (1998) is available from: Google Scholar Leagle