Spousal Support After the In re Marriage of Ciprari Decision

Spousal Support After the In re Marriage of Ciprari Decision

Some divorces proceed in a relatively uneventful way. Others like In re Marriage of Ciprari drag on for years, then spend additional time on an appellate court docket. The California Appeals Court decision on spousal support brought up some interesting points.

The Story Behind In re Marriage of Ciprari

Dorothy (DeeDee) and Joseph Ciprari married on September 16, 1995. After almost 15 years of marriage, DeeDee filed for divorce in a case styled In re Marriage of Ciprari. Because of several complex issues, the final divorce was not issued until March 18, 2016.

The trial court awarded only $5,000 per month to DeeDee for spousal support, seemingly overlooking Joseph’s monthly income of $47,000. DeeDee appealed this decision. She also appealed several other decisions made by the trial court, but we will look only at the spousal support issues.

The Appeal Claims Regarding Spousal Support

In her appeal, DeeDee claimed that the trial court erred in considering only the Ciprari’s 2013 tax returns and not the 2014 return. One reason is that the 2014 tax returns were “more reliable indicators of actual 2014 income.”

Two other claims related to Joseph’s rental income and investment returns on divided assets. The appeal claims that the trial judge did not consider this income when ordering permanent spousal support.

Finally, the permanent spousal support award of $5,000 was considered low because of Joseph’s income and the couple’s marital standard of living. The trial judge felt that DeeDee’s claimed expenses were exaggerated but did not explain why he or she believed this or why $5,000 was an appropriate spousal support award.

The California Supreme Court’s Decision

The court rendered its decision on February 6, 2019. The decisions made on spousal support issues are as follows:

  • 2014 Tax Returns. Remanded. The trial court was ordered to consider income shown on the 2014 income tax returns, as well as other factors usually considered when calculating spousal support.
  • Rental Income and Investment Returns. Denied. The appellate court did not overturn the decisions, which were made at the trial judge’s discretion. Also, DeeDee’s appeal failed to provide evidence supporting her claims.
  • Amount of Permanent Spousal Support Award. Reversed and remanded. The trial court is expected to recalculate permanent spousal support considering income, expenses, and marital lifestyle.

Spousal support tends to be a tricky issue in divorces. We encourage you to discuss your case with an experienced California divorce attorney as soon as you begin thinking of dissolving your marriage

Will In re Marriage of Ciprari Affect Your Spousal Support?

The attorneys at the Law Offices of Judy L. Burger are experienced at all phases of divorce, legal separation, and annulment. Call us at 415-293-8314 to schedule a private appointment or visit our website. We assist clients in California’s Northern to Southern Coast, including San Francisco, Beverly Hills, Gold River, San Diego, Santa Barbara, Ventura/Oxnard, and surrounding communities.

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