Marriage Of Wright

189 Cal. Rptr 336 (1983)

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Nature of the Case

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Facts

The parties separated on June 23, 1976, after 12 years of marriage. On July 13, 1976, H received $24,208.64 (net) from his employer. W instituted a proceeding under section 473 of the Code of Civil Procedure to obtain one-half of the amount paid. W contends that the termination payment was based on services rendered during marriage and therefore, is community property. Husband contends it is separate property since the payment was made after separation. H testified it was not a bonus for past work, but equaled approximately one year's pay and was given because of his termination due to harassment caused by W and her father. H had been employed at the hospital from 1972 until July 13, 1976, and had attained the position of assistant administrator. W's father was the hospital chaplain. The Hospital testified that H was paid that amount because he was leaving the hospital and would experience difficulty securing further employment. The administrator stated that part of the difficulties which he expected H to encounter would be due to some actions he anticipated W and her father, the chaplain, would take. They had threatened to ruin him financially, professionally, and personally. The court held the severance was community and awarded W one-half. H appealed.