Garfein v. Garfein

Opinion

KINGSLEY, J.

This is an appeal by the husband from an interlocutory decree of divorce. The decree granted a divorce to each party, found that there was no community property not previously divided by mutual arrangement, and made other orders hereinafter discussed. The husband does not here contest the granting of a divorce, nor does he object to provisions in the decree for child support; his attack is directed solely to the provisions dealing with community property and community debts. For the reasons set forth below, we affirm the decree.

The husband is, and during the marriage was, a motion picture director; the wife is, and was, a motion picture actress. During the marriage, the husband was active in procuring employment for the wife, including assisting in negotiating a “play or pay” contract for her with Paramount Pictures, under which she appeared in, and was paid for her appearance in, the motion picture “Harlow.” The contract entitled Paramount to the services of the wife for six additional pictures, at the rate of one picture each twelve months,

1

commencing in May of 1966, and obligated Paramount to pay to her compensation (whether or not she was called to work) at the following rate:

Year 1 (until May 1966) $200,000

2 (until May 1967) 200,000

3 (until May 1968) 300,000

4 (until May 1969) 300,000

5 (until May 1970) 300,000

6 (until May 1971) 300,000

For reasons known to it, Paramount did not call on the wife to appear in

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any pictures after “Harlow” was completed. Litigation took place, resulting in a judgment declaring the obligation of Paramount to comply with the “pay” clauses of the agreement; thereafter, payments have been made as above provided.

2

The litigation cost the marital community in excess of $126,000 for attorney fees and costs.