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Marriage of Wright

Court of Appeal of California

189 Cal. Rptr 336 (1983)

Relevant factsFree

Mr. Wright (plaintiff) and Mrs. Wright (defendant) separated in June 1976 after 12 years of marriage. Less than a month later, Mr. Wright received a $24,208.64 severance payment from the hospital where he had worked since 1972. The hospital administrator testified the payment was not based on Mr. Wright's past performance but reflected the difficulty the hospital expected he would have finding new work, difficulty that Mrs. Wright and her father, a hospital chaplain, had actively tried to create by pressuring the administrator. The trial court nonetheless found the severance pay was community property and awarded Mrs. Wright half; Mr. Wright appealed.

IssueFree

Whether there is a community-property interest in severance pay received by one employee spouse after separation from the other spouse.

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