Jurczyk v. Jurczyk

[271]

AGEE. J.

In this action to establish and enforce a Massachusetts decree of separate maintenance rendered in 1942, defendant-husband appeals from the judgment herein which, although finding from the evidence on the issue of defendant’s domicile that a Nevada divorce which he obtained on October 1, 1947, was valid, ordered him to pay to plaintiff arrearages

1

under the Massachusetts decree for the period of 10 years (Code Civ. Proc., § 337.5) prior to the filing of the instant action, or the sum of $5,200, plus $1,110 accruing from the filing of said action on February 21, 1961 to the date of the judgment herein, April 16, 1963, plus attorney fees of $500.

Respondent did not appear in the Nevada action and the parties agree that the effect of the Nevada divorce decree on the support provisions of the Massachusetts separate maintenance decree must be determined by the law of Massachusetts. As stated in

Worthley

v.

Worthley,

44 Cal.2d 465, 468 [283 P.2d 19] : “Since the full faith and credit clause compels recognition of the Nevada decree only as an adjudication of the marital status of plaintiff and defendant and not of any property rights that may be incident to that status [citation], the effect of the dissolution of the marriage on defendant’s preexisting obligations under the New Jersey maintenance decree must be determined by the law of New Jersey [citations].”

Appellant contends that the law of Massachusetts holds that all rights to support under a decree of separate maintenance terminate upon termination of the marriage.

Respondent’s contention, which the trial court agreed with, is that the Nevada decree had no effect upon the support provisions of the Massachusetts decree. This is the theory of divisible divorce, which is exemplified by

Estin

v.

Estin,