In Re Marriage of Ostrander

Opinion

MORRISON, J.

Husband appeals from an order awarding spousal support five years after entry of judgment of dissolution. He contends that since no spousal support was ordered at the time of dissolution, and there was no express reservation of jurisdiction over spousal support, the trial court lacked jurisdiction to later award such support. We shall affirm.

Facts

Husband and wife separated in July 1989, after 24 years of marriage. In her petition for dissolution, wife requested spousal support “(only if contested)." In her declaration in support of a default dissolution, she requested the court to reserve jurisdiction to award her future spousal support. The court subsequently entered a judgment of dissolution pursuant to the parties’ written stipulation. The attached stipulation declared that the parties wished to “resolve the issues related to support, custody, and division of property

[65]

. . . The stipulation provided for child support until the parties’ younger daughter reached age 21. The stipulation did not specifically refer to spousal support and did not mention the court’s jurisdiction over spousal support issues. When the period for child support expired, five years after entry of the judgment of dissolution, wife obtained an order for spousal support, from which husband now appeals.

The trial court found that since the marriage was of long duration, pursuant to Family Code section 4336 the court had retained jurisdiction to consider the issue of spousal support. The court specifically found that no express language was required to reserve jurisdiction.

Discussion

Family Code section 4336 entitled Retention of Jurisdiction provides in relevant part: “Except on written agreement of the parties to the contrary or a court order terminating spousal support, the court retains jurisdiction indefinitely in a proceeding for dissolution of marriage . . . where the marriage is of long duration.”

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Husband asserts that, despite the language of the statute, the Legislature intended the retained jurisdiction of Family Code section 4336 to arise only for modification of a prior support award.