Legal Question in Family Law in California
Equalization and support determination
My ex-husband is a very successful sports agent. during our year and a half marriage, he had players that signed large contracts, generating large commissions. Commissions are normally divided up over the term of the player's contract. However, during our marriage, my ex received commission on an entire contract that amounted to over one million dollars. The money was co-mingled with community property assets. He contends that for the purposes of figuring equalization and support payments, his income should reflect the million dollars as still being spaced out over six years even though he took possesion of the money. I dissagree. Who is right.
3 Answers from Attorneys
Re: Equalization and support determination
With that much money at stake, I assume you have an attorney and a competent one at that.
All of the money flowing from contracts entered into during marriage, as well as contracts worked on during marriage but not signed until after separation, are wholly or partially community and should be divided equally.
This assumes no prenuptial agreement.
If he did a contract during marriage before separation, and there were payments over 3 years after separation, those payments could be community. If he did not have to "work" the contracts the $ would be all community. This is similar to the stock option cases. (Hug, Nelson).
If you get half the $, spousal support is problematical. You didn't indicate re: minor children.
Re: Equalization and support determination
Without knowing the details, I think you are right. Usually, if the money is received during marriage it is earned during marriage and therefore community property.
Re: Equalization and support determination
I agree with Mr. Gray, you are right.
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