Judges cannot limit a wrongful death payout for a widowed spouse simply based on testimony that the marriage was about to end, the California Supreme Court has ruled. Instead, the unanimous court ruled, judges must base their decisions on more concrete evidence that the marriage was falling apart. In the case at issue, an Orange County Superior Court judge had apportioned 10 percent of a $1.1 million settlement to the widow, and had awarded the rest to the deceased's adult daughter.
July 09, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
Judges cannot limit financial support for a widowed spouse simply based on testimony that the marriage was about to end, the California Supreme Court ruled Thursday.
Instead, Justice Marvin Baxter wrote for a unanimous court, judges must base their decisions on more concrete evidence that the marriage was falling apart — such as a separation or efforts to retain a divorce lawyer.
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