In Re Marriage of Bell
Opinion
Opinion
Ramirez, J.
Beth E. Bell (Wife) appeals from the bifurcated judgment dividing the property of the parties following dissolution of her 20-year marriage to John L. Bell (Husband). In particular, Wife objects to the trial court decision to attribute to Wife all the costs, but not the benefits, resulting from her embezzlement from her employer over a period of five years. We find certain of Wife’s contentions have merit and we reverse.
Facts
The facts underlying this case are largely undisputed. Husband and Wife were married in 1971 and separated in May 1991. During the early part of the marriage both parties worked, but in 1979 Husband became ill and retired from active employment. They sold their home in Pasadena on a contract of sale and moved to Palm Desert where they purchased their present mobile home and lot. Following the move the parties started a sandwich-making business. They sold the sandwich shop in 1982 or 1983 and Wife started work as a ticket taker for the Palm Springs Aerial Tramway, earning an hourly salary.
Starting in 1985, and continuing until her arrest on September 20, 1990, Wife embezzled funds from her employer. A civil action was filed against both parties…