In Re Marriage of Hurtienne

This is an appeal by Ronald T. Hurtienne (Ronald) from an interlocutory judgment of dissolution of marriage dissolving a marriage of approximately 28 years to Patricia Hurtienne (Patricia). Ronald, who was unemployed through no fault of his own at the date of trial, appeals the award of spousal support to Patricia based solely on his ability to earn. He also challenges an option given by the court to Patricia to purchase the community residence at a future date without provision for appreciation, and distribution of assets at values that he claims are unsupported by the evidence.

There were two grown children of the marriage. The community property of the parties included (1) a family residence located in Nor-walk, California, stipulated to have a net fair market value of $60,000 at time of trial; (2) a leasehold interest in a cabin located in Saugus, California, the value of which was disputed; (3) a pension plan with Rockwell International, fully vested, entitling. Ronald to benefits depending upon his date of retirement, between age 55 and 65; and (4) other miscellaneous assets not involved in this appeal.

Ronald had been discharged the Friday prior to trial by…