Marriage of Restaino CA4/3

FACTS AND PROCEDURAL BACKGROUND

Wife petitioned to dissolve the couple’s 21-year marriage shortly after they separated in November 2004. During the marriage, husband first worked as a podiatrist, then attended law school, and later became an attorney and partner in the law firm of Lopez, Hodes, Restaino, Milman & Sikos (Lopez Hodes). The firm handled mass tort lawsuits involving the pharmaceutical industry. In April 2005, the parties filed a stipulation, providing husband would pay wife temporary spousal support that consisted of a monthly base amount and a percentage “of any earned income received . . . in excess of his . . . salary” that “include[d], but [was] not limited to bonuses . . . .” The court entered the stipulation as an order. While the divorce action was pending, Lopez Hodes dissolved. Its partners agreed to arbitrate the winding down of the firm. The arbitration ultimately resulted in a confidential settlement where husband agreed to relinquish his partnership interest in return for payment of salary and benefits through 2006, monthly payments as an independent contractor for 2007, plus attorney fee distributions from uncompleted litigation he continued to handle…