Nature of the Case
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Facts
H and W were married on September 30, 1975, and separated on April 29, 1979. W filed her petition for dissolution of marriage on May 15, 1979. Judgment was filed on April 12, 1982. W was awarded spousal support from in the amount of $400 per month. At the time of marriage, H was a board-certified surgeon who left the employment of the Kern Medical Center as the chief of the department of surgery approximately four months prior to marriage. During the said four-month period which commenced on June 1, 1975, he was associated in a medical partnership with Dr. Charles Ashmore. The practice continued until sometime in 1976 when a medical corporation was formed. The practice was then transferred to the corporation in exchange for stock. The partnership was not dissolved at that time. Prior to the partnership, H was earning the sum of $55,000 per year. At the time of his marriage, H's annual earnings were estimated to be approximately $84,500, consisting of $77,000 in salary income and $7,500 in retirement benefits. At separation, H was earning approximately $131,500, consisting of a salary of $90,000 plus retirement plan contributions of approximately $41,500. H and his experts concluded that because no market existed for H's medical practice, the practice had no goodwill. The court agreed with H. The trial court also concluded that it did not have the authority to require H to reimburse the community for his exclusive use of the community property after separation. W appealed.
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