In Re Marriage of Stevenson

Under Civil Code section 4800, subdivision (a), the value of community assets and liabilities is generally determined as near as practicable to the time of trial. However, on a showing of good cause, the court may value all or any portion of the assets and liabilities at a date after separation and prior to trial. In this case, the trial court denied Ms. Stevenson’s motion to have the community interests in two small businesses operated by her husband valued as of the date of the parties’ separation. We affirm in part and reverse in part with directions.

Facts and Proceedings Below

David and Jacqueline Stevenson separated on May 6, 1990. In September of that year Mr. Stevenson filed for dissolution of the marriage. Thereafter, Ms. Stevenson filed a motion under Civil Code section 4800, subdivision (a) to establish the date of separation as the date for valuing the community interest in the two small businesses Mr. Stevenson operated prior to the parties’ separation.

The evidence at the hearing showed Mr. Stevenson began doing business as a general contractor in 1985. In addition, for a period of 10 years prior to the date of separation, Mr. Stevenson operated a…