In Re Marriage of Imperato

Statement of Facts

Louis J. Imperato (husband), appellant, and Diana L. Imperato (wife), respondent, were married on June 27, 1959, in Phoenix, Arizona. They subsequently moved to California where they lived together with their two minor children until December 30, 1971, when they separated. The children stayed with husband.

On July 10, 1969, Personalized Data Delivery Service (PDD) was incorporated. It specialized in data processing delivery. The corporation was actually an extension of a partnership between husband and his father, with husband becoming the sole shareholder, president and manager thereof. On the date of the separation, PDD had a net worth of $1,665.85. Husband continued to operate the corporation after separation, and on June 30, 1973, PDD had a net worth of $17,614.26. Trial was held on August 22, 1973. The trial court ruled the community property would be valued as of June 30, 1973, the date closest to the date of trial for which proof of value existed. It was agreed husband would retain the business and pay wife her one-half interest therein. Husband argued the business should be valued as of date of separation.

Issues

1. In a marital dissolution…