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Marriage of McTiernan and Dubrow

California Court of Appeal
35 Cal. Rptr. 3d 287 (2005)

Written by Jacqueline (Hagan) Doyer, JD

Facts

John McTiernan (plaintiff) and Donna Dubrow (defendant) were married in November 1988. McTiernan was a movie director before he and Dubrow married. McTiernan maintained a career as a movie director during his and Dubrow’s marriage, as well as after the couple separated. Dubrow was a production company executive. McTiernan earned approximately $15 million during the course of his marriage to Dubrow. Dubrow earned approximately $1 million during the course of the marriage. McTiernan was highly regarded in his capacity as a movie director, and his success and skill level afforded him a measureable expectation of future business. Using the excess-earnings model, the trial court determined the value of McTiernan’s goodwill to be $1.5 million. This model compared each of the McTiernan’s individual earnings against the earnings of an average peer. McTiernan’s goodwill was deemed to be an asset subject to division in the martial-dissolution proceeding between McTiernan and Dubrow. McTiernan appealed the trial court’s ruling.

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Concurrence/Dissent (Cooper, J.)

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