Marriage of Pearl and Gerber CA4/1

I.

INTRODUCTION

In this marital dissolution action between Michael Pearl and Jenee Gerber, Pearl

appeals from an order modifying spousal support entered after a judgment of legal

separation. He essentially contends that the trial court erred in finding that the parties'

date of separation, for purposes of considering the length of the marriage as a factor in

calculating spousal support, occurred after the date of entry of the judgment of legal

separation. We conclude that the judgment of legal separation conclusively establishes

the date of separation. Accordingly, we reverse and direct the court to recalculate spousal

support based on the date of separation being the date of entry of the judgment of legal

separation.

II.

FACTUAL AND PROCEDURAL BACKGROUND1

Pearl and Gerber were married on August 31, 2010. Gerber had a minor daughter

and was employed as an apartment manager when Pearl asked her to marry him. Pearl

testified that at the time they decided to get married, he thought that the marriage "was a

The parties did not support their statements of facts and procedure in their briefs with citations to the record, as required by California Rules of…