Reference no: EM133521323

Case Study: Don and Jane(husband and wife ) are divorcing after eight yearsof marriage . Don is anattorney in private practice earning $ 150 ,000 per year. Jane was also an attorney making $ 130,000 per year when she marriedDon. When Janebecame pregnant six years ago, Don and Jane agreed that she would become a stay-at-home mother .

After quitting work, Janelet her bar admission lapse, so that she no longer has a valid license to practice law . Inthis state, to become eligible to practice law once more, Jane would need to retake and pass the bar exam.

At about the same time, Jane and Dona postnuptial agreement with only two provisions, both regarding their child. It specified that shouldthey divorce, Jane would retain custody, and Don would pay$2,500 per month in child support .

s the divorce proceedings have progressed, Don andJane's disagreements have coalesced around two items . First , Don came into the marriage with a savings account containing $ 10,000, which a deceased relative left to him . One year after the marriage, Don closed that account and transferred all the money into a brokerage account . At the sametime, Jane put $ 10,000 of her own earnings into the same account .

Since that time, the account has increased in value from $20,000 to $36,000 through a series of transactions involving differing portions of the account proceeds . Donargues that because he contributed half of the initial account proceeds from separate funds,half of the current value should be considered separate property . In this state, separate property is not subject to division as partof the divorce proceedings .

The second item of disagreement regards the child support provision. Jane argues that the postnuptial agreement regarding child support should not be enforced . Donand Jane have agreed upon, and the judge has approved, aplan to give Jane primary physical custody of the child. In the state in which Don, Jane,and the child reside, the child support guidelines would indicate a child support award of $3,000 per month . Jane wants the $3,000 permonth in child support specified in the guidelines, not the $2,500 per month specified in the postnuptial agreement .

There are awhole host of issuesin this matter , however, your supervising attorney in the family lawoffice, where you work as a paralegal, has asked that you provide her some guidance regarding the following issuespursuant to California family law.

Question: What will Jane argue regarding characterization of the brokerage account as partially separate property, and who is likely to win ? Explain.
Is the court likely to enforce Jane andDon's postnuptial agreement ? Explain.