Understanding Reimbursement in Family Law: Pre-Marriage and During Marriage
/Navigating reimbursement issues in family law, especially concerning actions before and during marriage, can be challenging. This post aims to demystify these complexities and explain the legal framework governing them.
Pre-Marriage Acts: Before marriage, reimbursement depends on the existence of a valid pre-marriage agreement, as outlined in Family Code Section 1600. Without such an agreement, typically, there is no reimbursement claim recognized in family law.
During Marriage: During marriage, several scenarios may arise where reimbursement claims involving Community Property and Separate Property are pertinent:
Community Property for Pre-Marriage Debts: Generally, there's no reimbursement except in limited situations, as observed in cases like Williams (1989) and under Family Code Sections 915, 2626, and 2641.
Community Property for Child or Spousal Support: Reimbursement is possible only if non-exempt Separate Property income was available, or for pre-marriage arrears paid post-separation, as outlined in Sherman (2005) and Williams (1989).
Community Property for Separate Property Debt of a Spouse: No reimbursement unless there's a breach of fiduciary duty or bad faith involved (Lister, 1984).
Community Property for Education or Training of a Spouse: Eligible for reimbursement with interest, unless deemed unjust, guided by Weiner (2003) and Graham (2003) decisions.
Key Takeaways: Understanding the nuances of reimbursement in family law, especially regarding actions before and during marriage, is crucial. It's important to consider the specific circumstances and legal provisions applicable in each case.