In Re Marriage of Bukaty

May an award of spousal support pursuant to Civil Code section 4801, subdivision (a), be based on the parties’ prior cohabitation? No.

Husband and wife were married in 1942 and divorced in 1954. Soon afterward they again began living together and had an on-again off-again relationship until May 6, 1981, when they remarried. Unfortunately, their union was no better the second time around. Just one year and seven months later, on December 1, 1982, they again separated.

Trial was held in January 1984. At that time wife was 64 years old and had been unemployed for 4 years. She had previously worked as an apart ment manager but her prospects due to her age and physical disability were bleak at best.

Wife’s assets were minimal, consisting of only about $20,000 in savings. Her net monthly income (which included a disability pension of $97, social security of $297, and $75 in interest) totalled $394, and her expenses were $1,135. In contrast, husband possessed trust deeds in excess of $200,000. He had net monthly income of $3,302 and monthly expenses of $2,225.

At trial wife’s counsel attempted to introduce evidence of the parties’ prior marriage and nonmarital relationship.…