Evan Sommer

Document Type

Case Summary

Publication Date

3-21-2024

Case Synopsis

In this divorce case, the Court addressed the characterization of the Draskovich Law Group (DLG) and the issue of alimony, establishing legal principles for determining the status of businesses incorporated during a marriage. The Court ruled that a business established by one spouse prior to the marriage and incorporated under a different name during the marriage retains its character as the separate property of that spouse, despite incorporation. The incorporation of DLG did not alter its essential nature as a continuation of Robert Draskovich’s pre-marriage legal practice, thus not invoking the presumption of community property. However, the Court also recognized the potential for a community property interest in the business’ value increase during the marriage, requiring clear and convincing evidence from the non-owning spouse to establish such interest. Further, the Court vacated the trial court’s ruling on alimony, necessitating reconsideration due to the altered circumstances surrounding the characterization of DLG.

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