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Martin v. Martin

California Court of Appeal

Sup. Ct. No. 230798 (1984)

Facts

Thomas Martin (defendant) and Jean Martin (plaintiff) married in 1948 and divorced in 1979. In the later part of the marriage, Thomas engaged in a 15-year relationship with another woman for whom he made significant expenditures in terms of money, gifts, and travel-expense payments. Jean filed for divorce. The trial court determined that of the couple’s total community assets of $3,555,006, Thomas had misappropriated $67,704 in connection with the extramarital relationship. Thomas was ordered to pay the misappropriated amount. Jean appealed, arguing that the $67,704 award should include interest. Thomas cross-appealed, contending that the funds spent on the extramarital relationship were supported by valuable consideration in the form of benefits to his personal happiness, and that he was responsible for amassing the more than $3 million in total assets. The California Court of Appeal granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Holmdahl, J.)

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