In In re Marriage of Freeman (2025), the California Fourth District Court of Appeal addressed two foundational issues in family law: the division of property and the award of spousal support following the dissolution of a long-term same-sex relationship. The case offers important guidance for anyone in a financially interdependent relationship- regardless of who holds legal title to the home or other assets.
🏠 The Property Was Purchased Before Marriage- So Why Was It Community?
One of the parties purchased the home before the legal marriage began. But over the years, both partners contributed financially and physically- sharing mortgage payments, funding renovations, and performing substantial work on the property.
The trial court found that these joint efforts created a community interest of 60% in the property, even though title remained in only one spouse’s name. The Court of Appeal affirmed that ruling, highlighting the significance of shared investment and effort in building marital wealth.
This outcome aligns with California’s community property law under Family Code § 760, which creates a presumption that property acquired during the marriage- and supported through joint effort- is community property, regardless of whose name is on the title.
💵 Spousal Support Recognized the Realities of Economic Interdependence
The trial court also awarded permanent spousal support of $2,100 per month, and the appellate court upheld it. The ruling took into account the length of the relationship, the economic disparity between the parties, and their mutual interdependence over time.
Under Family Code § 4320, courts must consider a wide range of factors when determining spousal support, including:
- The length of the marriage or partnership,
- Each party’s earning capacity,
- The standard of living during the relationship,
- The contributions one party made to support the other’s career or education,
- And the needs of the supported party.
In Freeman, the court acknowledged that despite legal title and income disparities, both parties had contributed in ways that justified long-term support.
⚖️ Key Takeaways from Marriage of Freeman
- Title isn’t everything: Courts look at the totality of contributions—financial and non-financial—when dividing property.
- Spousal support remains a vital tool to address economic imbalance after long-term relationships, particularly when one party may be at a disadvantage post-separation.
- Same-sex marriages and domestic partnerships are afforded the same rights and obligations under California law, including equal access to community property and support protections.
📚 Related Resources
- Family Code § 760 – Community Property Defined
- Family Code § 4320 – Spousal Support Factors
- California Courts: Property and Debt in a Divorce or Legal Separation
- California Courts: Spousal or Partner Support
📝 Final Thoughts
Whether you’re legally married or in a long-term partnership, California law recognizes the reality of shared lives. Marriage of Freeman underscores that the courts won’t just look at who signed the mortgage- they’ll consider who showed up to pay it, fix the roof, and build a life.
If you’re separating after a long-term relationship, especially where finances were intertwined, speak with a family law attorney who understands the nuances of community property and spousal support in modern California partnerships.
Channe G. Coles, Family Law Attorney
Santa Barbara & Ventura Counties
