Weissberg v. Weissberg
Husband and wife, a wealthy couple, were married for nearly 20 years when the husband developed dementia. The husband’s adult sons became involved handling his financial affairs, and began to eliminate or reduce some of the payments husband had made to or for the wife. Although the marriage remained intact, the wife filed a petition against her husband (later joining the sons, the trustees of his trust), seeking greater payouts to allow her to maintain the standard of living she had been afforded before her husband’s illness. The parties settled their differences as to the underlying issues of support, but they disagreed about whether the trust may be ordered to pay her attorney fees. The trial court ruled that it could be required to do so.
Husband, the trust, and the trustees (when referred to collectively, appellants) appeal, an appeal that involves only the dispute about attorney fees. To resolve that appeal, however, we are asked to examine fundamental issues of privacy within a marriage, to determine what is required to assert a claim for spousal support under Family Code sections 4300 and 4303,[1] and to answer what appellants claim is a question of first impression: whether the courts may be used at all to compel payment of support for an ongoing standard of living in an intact marriage. We answer that question, as well as all other questions, in favor of the wife. We therefore affirm the order awarding her attorney fees.
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