Marriage of Ciprari

by
In this divorce proceeding involving disputes over the characterization of community property assets, the Court of Appeal held that the trial court did not err by adopting husband's tracing, which was adequate and satisfied his burden of proving his separate property. The court also held that the trial court's findings that husband did not breach fiduciary duties when he used community property funds to establish an irrevocable life insurance trust for the benefit of the children were supported by substantial evidence.The court held that the trial court abused its discretion when it retrospectively modified 2014 pendente lite child and spousal support, because it based the modification on the parties' 2013 tax returns, rather than their 2014 tax returns, which were then available. Accordingly, the court reversed in part and remanded for recalculation of the awards and the spousal support award. View "Marriage of Ciprari" on Justia Law