If my former spouse has a business, but transfers the business to his/her new spouse's name, can this be a basis to modify spousal support in California?
The case on point is, IRMO
Berman
(9-27-17). In this case, the husband retired at age 65, but opened a business
and placed it in his new spouse’s name. He filed a motion to modify
spousal support based on his retirement and claimed that the business
was in his new spouse’s name and thus, the income from the business
could not be used in calculating spousal support. The Court denied husband’s
request to modify spousal support on the basis that the transfer of the
business in the new spouse’s name was just a sham to try to get
out of paying spousal support and the Court ruled that the income from
the business could still be imputed to the husband for purposes of calculating
spousal support.