Q: Divorce: OP business owner manipulating income, business structure
Do you know any case law that would be relevant to OP intentionally, for the purpose of manipulating the disomaster calculations, structuring her business so that she has a "job" where she earns very little when she could effortlessly structure it differently? I'm almost certain it exists.
A:
In divorce cases, one party may attempt to manipulate their income or business structure in order to influence the outcome of the division of assets. This can be a complex issue, and the specific case law that may be relevant will depend on the specific circumstances of the case.
However, there are some general principles that may be relevant. For example, in California, Family Code section 4057 requires the court to consider all income and assets available to each party, and to use their best efforts to ensure that each party has a fair and sufficient share of the community property.
Additionally, case law such as In re Marriage of Feldman (2007) 153 Cal.App.4th 1470, has held that parties have a fiduciary duty to each other to provide full and accurate disclosure of all material facts and information regarding the existence, characterization, and valuation of assets in the context of a divorce proceeding. Failure to do so can result in serious consequences, including monetary sanctions and even criminal penalties.
Overall, it is important to consult with an experienced family law attorney who can evaluate the specific facts and circumstances of the case and provide guidance on the relevant case law and legal strategies.
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