disproportionately higher standard (California) · Go Syfert
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disproportionately higher standard in California

5 California opinions name it 1 courts 1983–2023 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
In Re Marriage of Fransengreen
calctapp · 1983 · cited in 3 California opinions naming this issue, 2015–2015
2 sentences

2015(In re Marriage of Fransen (1983) 142 Cal.App.3d 419, 424-425 [ 190 Cal.Rptr. 885 ]; § 4320.) “[T]he trial court must not limit itself to an award based entirely upon need.” (In re Marriage of Fransen, at p. 425.) Further, a husband “is not entitled to a disproportionately higher standard of living than [the] [w]ife.” (McNaughton, supra, 145 Cal.App.3d at p. 851.) Additionally, the court determined Linda needed additional time to “prudently and permanently invest all of her ‘investable’ assets, including the $10 [m]illion equalization payment awarded her herein .... [T]he post-separation perio

2015(In re Marriage of Fransen (1983) 142 Cal.App.3d 419, 424-425 [ 190 Cal.Rptr. 885 ]; § 4320.) “[T]he trial court must not limit itself to an award based entirely upon need.” (In re Marriage of Fransen, at p. 425.) Further, a husband “is not entitled to a disproportionately higher standard of living than [the] [w]ife.” (McNaughton, supra, 145 Cal.App.3d at p. 851.) Additionally, the court determined Linda needed additional time to “prudently and permanently invest all of her ‘investable’ assets, including the $10 [m]illion equalization payment awarded her herein .... [T]he post-separation perio

13

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
In Re Marriage of McNaughton green
calctapp · 1983
2 sentences

2015(In re Marriage of Fransen (1983) 142 Cal.App.3d 419, 424-425 ; § 4320.) "[T]he trial court must not limit itself to an award based entirely upon need." (In re Marriage of Fransen, at p. 425.) Further, a husband "is not entitled to a disproportionately higher standard of living than [the] [w]ife." (McNaughton, supra, 145 Cal.App.3d at p. 841 .) Additionally, the court determined Linda needed additional time to "prudently and permanently invest all of her 'investable' assets, including the $10 [m]illion equalization payment awarded her herein. . . . [T]he post-separation period has 38 been a pe

2015(In re Marriage of Fransen (1983) 142 Cal.App.3d 419, 424-425 ; § 4320.) "[T]he trial court must not limit itself to an award based entirely upon need." (In re Marriage of Fransen, at p. 425.) Further, a husband "is not entitled to a disproportionately higher standard of living than [the] [w]ife." (McNaughton, supra, 145 Cal.App.3d at p. 841 .) Additionally, the court determined Linda needed additional time to "prudently and permanently invest all of her 'investable' assets, including the $10 [m]illion equalization payment awarded her herein. . . . [T]he post-separation period has 38 been a pe

32015–2023
In Re Marriage of Andreen green
calctapp · 1978
2 sentences

2023(See, e.g., Andreen, supra, 76 Cal.App.3d at pp. 671−672; In re Marriage of McNaughton (1983) 145 Cal.App.3d 845 , 851−852.) “[W]e agree that it would be an abuse of discretion to order 14 We do not agree with Jacqueline that she was expected to dip into her savings to maintain her marital standard of living.

1983(In re Marriage of Andreen (1978) 76 Cal.App.3d *852 667 [ 143 Cal.Rptr. 94 ].) Arguments that a spouse could live with less are properly addressed to the trial court.

21983–2023

Statutes the citing opinions construe

CA § Cal. Civil Code § 3288 (3) CA § Cal. Probate Code § 5305 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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