Marriage of Traweek

Summary

Candice was convicted of domestic violence against Scott and was under a DVRO. The marriage lasted 18 years, she had not worked since its start, and she had no current marketable skills. The trial court found the presumption rebutted, citing those 4320 findings and Scott's post-DVRO flirtation and contact with her. It awarded $4,000 a month through October 2029, with no retroactive support and no Ostler-Smith share of Scott's overtime, which ran at least $3,000 a month. The Court of Appeal held section 4325(b)'s "any other factors" language lets the court weigh section 4320 factors, and it affirmed.

What it means for the financial analysis

The rebuttal rested on work history, lack of marketable skills, and dependence on Scott's earnings, so that is the evidence to build for a supported spouse facing section 4325. A vocational assessment and a clean history of who earned what during the marriage will carry weight. The court also trimmed the award by denying retroactive support and an overtime percentage, so an income analysis should separate base pay from overtime, since the overtime became a bargaining point.

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