In Re Marriage of Glasser

Opinion

ASHBY, Acting P. J.

Appellant Sharon Glasser (Wife) appeals from a motion granted in favor of respondent Michael Glasser (Husband) to quash a writ of execution. Husband was paying Wife spousal support pursuant to a provision of the settlement agreement which was integrated with the interlocutory judgment of dissolution of their marriage. The provision provided for support payments of $ 1,500 per month beginning October 1, 1982, and terminating September 30, 1985. The spousal support was to be “non-

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modifiable for any reason whatsoever.” Jurisdiction for support was to continue beyond September 30, 1985, if Wife was disabled on that date so that she could seek additional support. Jurisdiction was not to continue for any other reason.

Wife remarried on March 13, 1983. Husband stopped paying support on September 1, 1983. Wife obtained a writ of execution for $3,750 on November 29, 1983. Husband’s motion to quash the writ was granted by the trial court based on its reading of the agreement in light of the requirements of Civil Code section 4801, subdivision (b). We agree with the trial court’s interpretation of the agreement and affirm the judgment.

Civil Code section 4801, subdivision (b), states: “Except as otherwise agreed by the parties in writing, the obligation of any party under any order or judgment for the support and maintenance of the other party shall terminate upon the death of either party or the remarriage of the other party.” Unless the parties agree in writing that support payments are to continue despite the wife’s remarriage, such payments cease by operation of law.

(Hilton

v.

McNitt

(1957) 49 Cal.2d 79 [315 P.2d 1];

Stokes

v.

Stokes

(1971) 14 Cal. App.3d 470 [92 Cal.Rptr. 468]; both cases interpreting former Civ. Code, § 139.)

Wife contends that the spousal support provision is not subject to termination by operation of section 4801, subdivision (b). The pertinent language of the support provision is: “Spousal support shall be non-modifiable for any reason whatsoever.” Wife also emphasizes the prefatory language which shows the agreement to be the final, permanent and irrevocable settlement of their support rights, and a statement establishing the nonmodifiability of the agreement in general. Wife argues that this language manifests an intent to continue the support after her remarriage. But language showing intent not to modify the agreement does not establish that the parties intended that Wife would continue to be supported after she remarried. A husband’s obligation to his former wife ends by operation of law when she marries another. If the parties intend that support is to be “non-terminable for any reason whatsoever,” they must say so in their agreement. No particular words are required.