Recently, I had a case where the divorce lawyer who represented the husband tried to argue with me that just because his client was paying mine a significant buyout of the community property business, he should not also have to pay spousal support consistent with the marital lifestyle. I have heard this argument before. It tries to use the “hey, your client is getting enough money in the buyout, why does she need spousal support?” argument.
The answer is the same each time – because she is legally entitled to it and you can’t punish a spouse for “having contributed to the growth of the community property by not receiving spousal support.” Good words, right? They are not mine. They actually belong to Justice Yegan of the 2nd District, Division six of the California Court of Appeal. [Read more…]