California family law cases, read for the numbers

California appellate opinions on tracing, income for support, and business valuation, each with a plain English summary and a note on what the case means for the financial analysis.

Updated monthly. Last updated October 2026.

Tracing and characterization

Separate and community property, commingled accounts, and apportionment of assets acquired or improved during marriage.

  1. Marriage of Freeman No. G064552  |  California Court of Appeal

    Under Moore/Marsden, the community's percentage freezes at separation, but the property is valued near trial under section 2552. Affirmed.

  2. Marriage of Dadashian No. A163185  |  California Court of Appeal

    A spouse who controls a third-party manager of marital or separate funds must account for missing assets after separation.

  3. Marriage of Whitman No. A157055M  |  California Court of Appeal

    A husband who could not document the source of his $900,000 startup capital or its withdrawal lost his claim that the hedge fund was separate property.

  4. Marriage of Whitman No. A157055  |  California Court of Appeal

    A spouse who could not document the source of his seed capital, and who withdrew it years earlier, lost his separate property claim to the entire fund.

  5. Marriage of Motiska & Ford No. A166543M  |  California Court of Appeal

    A spouse's sale of separate property to the community for a self-set $1 price is not a 2640 contribution, so no reimbursement claim exists.

  6. Marriage of Simonis No. C095193  |  California Court of Appeal

    A spouse who commingles after separation must trace each debt payment; an aggregate comparison of assets held versus debts paid fails, and the commingled mass is community.

  7. Marriage of Belthius No. B315673  |  California Court of Appeal

    Under the time rule, the community share of a pension is applied to the final benefit at retirement, not the benefit at the rank held on the separation date.

  8. Marriage of Ramsey and Holmes No. B305584  |  California Court of Appeal

    In a Moore/Marsden calculation, only community-funded principal reduction counts, and both spouses must supply the evidence, so the case was remanded for limited retrial.

  9. Marriage of Kelpe No. H045089  |  California Court of Appeal

    A $928,243 lump-sum payout from a post-separation partner retirement plan was separate property, because the contract right arose after separation.

  10. Marriage of Nevai and Klemunes No. C086584  |  California Court of Appeal

    A community that gets a Moore/Marsden share of appreciation cannot also recover mortgage interest and property taxes; permanent spousal support cannot rest on a DissoMaster figure.

  11. Marriage of Janes 11 Cal. App. 5th 1043  |  California Court of Appeal

    A fixed-dollar 401(k) award became wife's separate property when the judgment was entered, so later gains and losses are hers, running from that date, not separation.

  12. Marriage of Schleich 8 Cal. App. 5th 267  |  California Court of Appeal

    Section 1101 asset penalties apply only to undisclosed community property, and cannot be stacked on the same asset in the property division.

  13. In re Marriage of McLain 7 Cal. App. 5th 262  |  California Court of Appeal

    A retired supported spouse past 65 need not be imputed income, and a handwritten note plus vague testimony does not trace separate property.

  14. Marriage of Chapman 3 Cal. App. 5th 719  |  California Court of Appeal

    A spouse's post-judgment switch from taxable military retirement to separate-property CRSC cannot defeat the other spouse's agreed community share, though a constructive trust was the wrong remedy.

  15. In re Marriage of Nassimi 3 Cal. App. 5th 667  |  California Court of Appeal

    A liability from a third party's rescission suit over a community business sale was an omitted community debt, split equally under section 2556.

  16. Marriage of Peterson 243 Cal. App. 4th 923  |  California Court of Appeal

    County pension is community property and must be split equally; the other spouse's separate Social Security cannot be offset or reimbursed.

  17. Marriage of Bonvino 241 Cal. App. 4th 1411  |  California Court of Appeal

    Absent a written express transmutation under section 852, separate funds in a home bought during marriage earn a proportionate Moore/Aufmuth share, not just 2640 reimbursement.

  18. Marriage of Brandes 239 Cal.App.4th 1461  |  California Court of Appeal, Fourth District

    Radical growth in pre-marriage business does not transmute it to community property; hybrid Pereira/Van Camp allocation upheld. Family living expense tracing established $120M deficit, proving separate property funded expansion. Lender's intent doctrine reversed treatment of shares purchased by promissory note.

  19. Marriage of Davis 61 Cal. 4th 846  |  California Supreme Court

    Spouses living in the same home are not 'living separate and apart' under Family Code 771(a), so their earnings remain community property.

  20. In re Marriage of Lafkas 237 Cal. App. 4th 921  |  California Court of Appeal

    Naming a spouse as joint owner of separate property is not a transmutation; section 852's express declaration is required before section 2581's joint title presumption applies.

  21. In Re Marriage of Rossin 172 Cal. App. 4th 725  |  California Court of Appeal

    Private disability benefits paid during marriage are separate property when the policy was bought before marriage with separate funds and no community money paid premiums.

  22. In Re Marriage of Lehman 74 Cal. Rptr. 2d 825  |  California Supreme Court

    A nonemployee spouse's community interest in a defined benefit pension extends to post-separation enhancements; the time rule applies without adding putative service years.

  23. In Re Marriage of Varner 55 Cal. App. 4th 128  |  California Court of Appeal

    Failing to disclose the existence or value of community assets lets the other spouse set aside a stipulated judgment for mistake.

  24. In Re Marriage of Braud 45 Cal. App. 4th 797  |  California Court of Appeal

    Separate property tracing through a commingled account failed without records, while a deferred-sale home order and rental-value support offset were upheld; partly reversed and remanded.

  25. In Re Marriage of Dekker 17 Cal. App. 4th 842  |  California Court of Appeal

    Court affirmed Pereira apportionment of a corporation's growth to the community, because the husband's efforts drove its value even though he was paid market salary.

  26. In Re the Marriage of Broderick 209 Cal. App. 3d 489  |  California Court of Appeal

    A quitclaim deed passes only the community interest accrued to its date; later community loan payments create a Moore interest, so the calculation was remanded.

  27. In Re Marriage of Watts 171 Cal. App. 3d 366  |  California Court of Appeal

    A professional practice's goodwill cannot be set at zero just because it can't be sold; the court also may reimburse the community for post-separation use.

  28. In Re Marriage of Sullivan 37 Cal. 3d 762  |  California Supreme Court

    Legislation enacted during the appeal provides for community reimbursement of contributions to a spouse's education; judgment reversed and remanded, fee award affirmed.

  29. In Re Marriage of Hug 154 Cal. App. 3d 780  |  California Court of Appeal

    Trial courts have broad discretion to apportion community and separate interests in pre-separation stock options exercisable after separation, and a time rule counting from hire date was upheld.

  30. In Re Marriage of Marsden 130 Cal. App. 3d 426  |  California Court of Appeal

    Moore/Marsden apportionment credits the separate estate with prenuptial appreciation; untraced stock purchases from commingled accounts stay community property; judgment reversed in part.

  31. In Re Marriage of Lucas 27 Cal. 3d 808  |  California Supreme Court

    A joint-tenancy home bought with mixed funds is presumptively community absent an agreement to the contrary; tracing alone does not rebut it, and reimbursement requires agreement.

  32. In re Marriage of Moore 28 Cal.3d 366  |  California Supreme Court

    Community payments on a separate property mortgage earn the community a pro rata share of the home's appreciation.

  33. In Re Marriage of Epstein 24 Cal. 3d 76  |  California Supreme Court

    Post-separation separate-fund payments on community debts are generally reimbursable unless they discharged support duties; community funds paying tax on separate income must be reimbursed.

  34. In Re Marriage of Stenquist 21 Cal. 3d 779  |  California Supreme Court

    Military disability pay is separate property only to the extent it exceeds retirement pay; the retirement-equivalent portion earned during marriage is community property.

  35. In Re Marriage of Skaden 19 Cal. 3d 679  |  California Supreme Court

    Vested but unmatured insurance agent termination benefits are deferred compensation and community property to the extent earned during marriage; judgment reversed and remanded.

  36. In Re Marriage of Dawley 17 Cal. 3d 342  |  California Supreme Court

    Antenuptial agreement making earnings separate property is valid unless its terms promote dissolution; it governed characterization of the boat. Affirmed.

  37. In Re Marriage of Bouquet 16 Cal. 3d 583  |  California Supreme Court

    Amended Civil Code section 5118, making each spouse's post-separation earnings separate property, applies retroactively to property rights not yet finally adjudicated; reversed and remanded.

  38. In Re Marriage of Brown 15 Cal. 3d 838  |  California Supreme Court

    Nonvested pension rights are a community property interest to the extent earned during marriage, and trial courts may divide them on dissolution.

  39. In re Marriage of Mix 14 Cal.3d 604  |  California Supreme Court

    Separate property in a commingled account can be proven by direct tracing to specific deposits and withdrawals.

  40. See v. See 64 Cal.2d 778  |  California Supreme Court

    A spouse who commingles funds must trace separate property; family expenses are presumed paid from community funds.

  41. Van Camp v. Van Camp 53 Cal.App. 17  |  California Court of Appeal

    Where business growth comes mainly from the capital itself, the community gets reasonable compensation for the spouse's work.

  42. Pereira v. Pereira 156 Cal. 1  |  California Supreme Court

    Where a spouse's personal effort grows a separate property business, the community gets a share of the growth.

Income available for support

How courts measure income for child and spousal support, including imputed income, earning capacity, and non-wage sources.

  1. Marriage of Traweek No. B336738  |  California Court of Appeal

    A spouse convicted of domestic violence can rebut section 4325's bar on support using section 4320 factors, including earning capacity and marketable skills.

  2. Marriage of R.M. and P.N. No. D086317  |  California Court of Appeal

    IHSS payments a parent receives for caring for her disabled child are gross income for child support, and the court need not impute income from uncertain assets.

  3. Marriage of Freeman No. G064552  |  California Court of Appeal

    Under Moore/Marsden, the community's percentage freezes at separation, but the property is valued near trial under section 2552. Affirmed.

  4. Marriage of Nevai and Klemunes No. C086584  |  California Court of Appeal

    A community that gets a Moore/Marsden share of appreciation cannot also recover mortgage interest and property taxes; permanent spousal support cannot rest on a DissoMaster figure.

  5. In re Marriage of Minkin 11 Cal. App. 5th 939  |  California Court of Appeal

    'Annual bonus' in an Ostler/Smith-type support clause means discretionary, performance-based pay, not all pay above base salary; order affirmed.

  6. Marriage of Schleich 8 Cal. App. 5th 267  |  California Court of Appeal

    Section 1101 asset penalties apply only to undisclosed community property, and cannot be stacked on the same asset in the property division.

  7. In re Marriage of McLain 7 Cal. App. 5th 262  |  California Court of Appeal

    A retired supported spouse past 65 need not be imputed income, and a handwritten note plus vague testimony does not trace separate property.

  8. In re Marriage of Usher 6 Cal. App. 5th 347  |  California Court of Appeal

    A drop in a wealthy parent's salary is not a material change if assets cover the support, and a 1% imputed return lacked evidence.

  9. In re Marriage of Hall & Frencher 247 Cal. App. 4th 23  |  California Court of Appeal

    Social Security derivative benefits for a child credit current support first, then arrears principal, then interest, under current Family Code 4504.

  10. Marriage of Smith 242 Cal. App. 4th 529  |  California Court of Appeal

    Regular parental payments of legal fees, even documented as loans against inheritance, may be treated as income in a section 2030 fee analysis.

  11. Marriage of Cecilia and David W. 241 Cal. App. 4th 1277  |  California Court of Appeal

    Section 3910 adult child support requires proof the child cannot find work or support himself, not just a diagnosis.

  12. In re Marriage of Alter 171 Cal.App.4th 718  |  California Court of Appeal

    Regular, recurring gifts can count as income for child support.

  13. In Re Marriage of Ackerman 52 Cal. Rptr. 3d 744  |  California Court of Appeal

    Court affirmed a plastic surgery practice valuation using excess earnings and an imputed-income spousal support order with step-downs, finding no abuse of discretion.

  14. In re Marriage of Riddle 125 Cal.App.4th 1075  |  California Court of Appeal

    Income for support should be measured over a period that reflects actual earnings, usually about a year.

  15. In Re Marriage of Leonard 14 Cal. Rptr. 3d 482  |  California Court of Appeal

    Denying retroactivity of a child support reduction after job loss is good cause when the children's needs and obligor's resources support it; affirmed.

  16. In Re Marriage of Wittgrove 16 Cal. Rptr. 3d 489  |  California Court of Appeal

    Court affirmed temporary child and spousal support for a high earner: no rebuttal of guideline, no proof for imputing income, status quo lifestyle supported the award.

  17. In re Marriage of Destein 91 Cal.App.4th 1385  |  California Court of Appeal

    A court may impute a reasonable rate of return on investment assets that produce little income.

  18. In Re Marriage of Schulze 60 Cal. App. 4th 519  |  California Court of Appeal

    Permanent spousal support must be set from the section 4320 factors, not temporary guidelines, and imputed employer benefits count as taxable income.

  19. In Re Marriage of Hinman 55 Cal. App. 4th 988  |  California Court of Appeal

    Bad faith is not required to impute earning capacity for child support; ability and opportunity to work suffice. Order affirmed.

  20. In Re Marriage of Drake 53 Cal. App. 4th 1139  |  California Court of Appeal

    Child support guidelines apply to disabled adult children, and the trial court may place a surrogate trust's income on the custodial side of the formula.

  21. In Re Marriage of Braud 45 Cal. App. 4th 797  |  California Court of Appeal

    Separate property tracing through a commingled account failed without records, while a deferred-sale home order and rental-value support offset were upheld; partly reversed and remanded.

  22. In Re Marriage of Olson 14 Cal. App. 4th 1  |  California Court of Appeal

    A special master cannot make binding income findings for spousal support absent stipulation, and courts have broad discretion to count or exclude undrawn retirement plan accruals as income.

  23. In Re the Marriage of Smith 225 Cal. App. 3d 469  |  California Court of Appeal

    Upward support modification requires showing prior inadequacy or increased need; marital standard of living is a general reference point, not a mandatory measure.

  24. In Re the Marriage of Ostler & Smith 223 Cal. App. 3d 33  |  California Court of Appeal

    A trial court may order spousal and child support as a fixed amount plus a percentage of future bonuses; the order was affirmed.

  25. In re Marriage of Regnery 214 Cal.App.3d 1367  |  California Court of Appeal

    Imputing income based on earning capacity requires ability and opportunity to earn it.

  26. In Re the Marriage of Gavron 203 Cal. App. 3d 705  |  California Court of Appeal

    Terminating spousal support for the wife's failure to become self-supporting was an abuse of discretion without a material change in circumstances or prior warning.

  27. In Re Marriage of Hoffmeister 191 Cal. App. 3d 351  |  California Court of Appeal

    A spousal support increase based on the payor's higher income requires proof of unmet needs at the marital standard of living; assumptions fail. Reversed.

  28. In Re Marriage of Sullivan 37 Cal. 3d 762  |  California Supreme Court

    Legislation enacted during the appeal provides for community reimbursement of contributions to a spouse's education; judgment reversed and remanded, fee award affirmed.

  29. In Re Marriage of Flaherty 31 Cal. 3d 637  |  California Supreme Court

    California Supreme Court affirmed denial of child support against a part-time-working mother, finding no abuse of discretion where the record lacked evidence of her full-time earnings.

  30. In Re Marriage of Epstein 24 Cal. 3d 76  |  California Supreme Court

    Post-separation separate-fund payments on community debts are generally reimbursable unless they discharged support duties; community funds paying tax on separate income must be reimbursed.

  31. In Re Marriage of Stenquist 21 Cal. 3d 779  |  California Supreme Court

    Military disability pay is separate property only to the extent it exceeds retirement pay; the retirement-equivalent portion earned during marriage is community property.

  32. In Re Marriage of Morrison 20 Cal. 3d 437  |  California Supreme Court

    After a long marriage, a court should not end spousal support jurisdiction without record evidence the supported spouse will be self-supporting by then.

Business valuation

Valuing businesses and professional practices in dissolution, including goodwill and the methods courts accept.

  1. Marriage of Freeman No. G064552  |  California Court of Appeal

    Under Moore/Marsden, the community's percentage freezes at separation, but the property is valued near trial under section 2552. Affirmed.

  2. Marriage of Simonis No. C095193  |  California Court of Appeal

    A spouse who commingles after separation must trace each debt payment; an aggregate comparison of assets held versus debts paid fails, and the commingled mass is community.

  3. Marriage of Brandes 239 Cal.App.4th 1461  |  California Court of Appeal, Fourth District

    Radical growth in pre-marriage business does not transmute it to community property; hybrid Pereira/Van Camp allocation upheld. Family living expense tracing established $120M deficit, proving separate property funded expansion. Lender's intent doctrine reversed treatment of shares purchased by promissory note.

  4. In Re Marriage of Ackerman 52 Cal. Rptr. 3d 744  |  California Court of Appeal

    Court affirmed a plastic surgery practice valuation using excess earnings and an imputed-income spousal support order with step-downs, finding no abuse of discretion.

  5. In re Marriage of McTiernan & Dubrow 133 Cal.App.4th 1090  |  California Court of Appeal

    Goodwill must belong to a business; personal reputation alone is not divisible goodwill.

  6. In re Marriage of Rosen 105 Cal.App.4th 808  |  California Court of Appeal

    A goodwill value built on a flawed excess earnings calculation cannot stand.

  7. In Re Marriage of Duncan 108 Cal. Rptr. 2d 833  |  California Court of Appeal

    Court affirmed valuing a key-person investment advisory firm at date of separation and refusing a speculative discount for a hypothetical employment contract.

  8. In Re Marriage of Varner 55 Cal. App. 4th 128  |  California Court of Appeal

    Failing to disclose the existence or value of community assets lets the other spouse set aside a stipulated judgment for mistake.

  9. In Re Marriage of Nichols 27 Cal. App. 4th 661  |  California Court of Appeal

    A trial court did not abuse its discretion by valuing a law firm shareholder interest under the buy-sell agreement, which excluded receivables and work in progress.

  10. In Re Marriage of Dekker 17 Cal. App. 4th 842  |  California Court of Appeal

    Court affirmed Pereira apportionment of a corporation's growth to the community, because the husband's efforts drove its value even though he was paid market salary.

  11. In Re Marriage of Watts 171 Cal. App. 3d 366  |  California Court of Appeal

    A professional practice's goodwill cannot be set at zero just because it can't be sold; the court also may reimburse the community for post-separation use.

  12. In Re Marriage of Hug 154 Cal. App. 3d 780  |  California Court of Appeal

    Trial courts have broad discretion to apportion community and separate interests in pre-separation stock options exercisable after separation, and a time rule counting from hire date was upheld.

  13. In Re Marriage of Marsden 130 Cal. App. 3d 426  |  California Court of Appeal

    Moore/Marsden apportionment credits the separate estate with prenuptial appreciation; untraced stock purchases from commingled accounts stay community property; judgment reversed in part.

  14. In Re Marriage of Connolly 23 Cal. 3d 590  |  California Supreme Court

    Spouse in an adversarial dissolution owed no duty to volunteer publicly available information about community stock value; the trial court's $7.50 per share valuation was upheld.

  15. In Re Marriage of Skaden 19 Cal. 3d 679  |  California Supreme Court

    Vested but unmatured insurance agent termination benefits are deferred compensation and community property to the extent earned during marriage; judgment reversed and remanded.

  16. In Re Marriage of Fonstein 17 Cal. 3d 738  |  California Supreme Court

    A trial court may not discount a community law partnership interest for speculative future taxes when the spouse is not withdrawing; reversed and remanded.

  17. In re Marriage of Lopez 38 Cal.App.3d 93  |  California Court of Appeal

    Sets out the factors courts weigh when valuing goodwill in a professional practice.

  18. Van Camp v. Van Camp 53 Cal.App. 17  |  California Court of Appeal

    Where business growth comes mainly from the capital itself, the community gets reasonable compensation for the spouse's work.

  19. Pereira v. Pereira 156 Cal. 1  |  California Supreme Court

    Where a spouse's personal effort grows a separate property business, the community gets a share of the growth.