In re Marriage of Higgason

Supreme Court of California · Family Law

Family LawDissolution of MarriageAntenuptial AgreementsSpousal SupportGuardian ad Litemguardian ad litemconservatorshipdissolution of marriage

Facts

The wife, age 73 at marriage, had substantial assets, while the husband, age 48, had little means and later became seriously ill, incurring substantial medical and hospital expenses while the parties were living together. Before marriage, the parties signed an antenuptial agreement waiving interests in each other's property and any right to contribution for support, maintenance, and expenses. The wife was later placed under conservatorship, but she signed and verified the dissolution petition and supporting declarations, and her deposition stated that there were irreconcilable differences and that the marriage was over. The trial court concluded the antenuptial agreement barred the husband's claims for support and denied him any support, attorney's fees, or other financial relief.

Issue

May a dissolution petition be brought on behalf of a spouse under conservatorship through a guardian ad litem when the spouse is capable of deciding and expressing a desire to dissolve the marriage? And does an antenuptial agreement validly bar a husband from receiving support or other financial benefits from the wife, including support obligations arising while the spouses lived together and possible post-dissolution support?

Rule

A spouse under conservatorship may pursue dissolution through a guardian ad litem if the spouse is capable of exercising judgment and expressing a wish that the marriage be dissolved for irreconcilable differences and has done so. Antenuptial agreements are valid as to property rights, but they are invalid to the extent they attempt to alter or waive marital support obligations imposed by law; where the husband is unable from infirmity to support himself and the statutory conditions of Civil Code section 5132 are met, the wife's support duty during cohabitation is mandatory, and post-dissolution support must be decided in the trial court's discretion.

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In Sacramento, Nora Feld is under a conservatorship of her estate after a stroke. She personally signs and verifies a petition for dissolution, asks the court to appoint her nephew as guardian ad litem, and testifies in a deposition that she understands the marriage is over and wants it dissolved because of irreconcilable differences.

Is the dissolution proceeding properly maintained through the guardian ad litem?

Explanation. The majority held that a spouse under conservatorship may pursue dissolution through a guardian ad litem when it is established that the spouse is capable of exercising judgment and expressing a wish that the marriage be dissolved on account of irreconcilable differences and has done so. A conservatorship does not itself prove insanity, but Code of Civil Procedure section 372 requires such a person to appear through a guardian or guardian ad litem. (Derived from In re Marriage of Higgason (n.d.).)