A Property Theory of Future Earning Potential in Dissolution Proceedings

State participation in domestic relations, particularly divorce, is a form of societal protection. When the state, through its courts or laws, establishes procedures for the dissolution of a marital community, society is assured a necessary continuity. Although an individual family unit may change, the laws governing divorce provide for preservation of the rights, privileges, and duties of the family relationship. The state accomplishes this first by allocating and establishing title to property of the marriage, and second by providing for the ongoing support of those who had been financially dependent upon the marital community.

This comment begins by outlining state participation in the division of marital property and in the allocation of support between husband and wife. The focus then shifts to a discussion of future earning potential as a possible asset subject to property division. Finally, the comment concludes that future earning potential should be subject to community property division.