Gilmore v. Gilmore

287 P.2d 769 (1955)

Facts

H and W were married in 1946 and lived together for six years before this action for divorce was filed in 1952. There were no children. During the marriage, H's net worth representing his interests in three incorporated automobile dealerships increased from $182,010.46 to $786,045.52. H received salaries from his dealerships ranging from a total of $22,250 in 1946 to a total of $66,799.92 in 1952. The evidence was clear that the increased value of automobile dealerships was due to the boom in auto sales. In other words the increase was due to H's capital investment rather than to any work or effort by H. The trial court found that the salaries paid by the corporations for his services 'rendered to and on behalf of said corporations during the married life of the parties hereto, were and are sufficient to fully compensate the community for all of the services rendered to and on behalf of said corporations by H during said period of marriage, all of which said salaries have been used and expended for community purposes during said marriage.' W appealed