Bennett v. Bennett

[1024]Opinion

LACHS, J.* John Bennett (Appellant, hereinafter former husband) and Janet Bennett (Respondent, hereinafter former wife) were married in 1949. On April 18, 1969, they executed a marital settlement agreement which was approved and incorporated into the interlocutory judgment of dissolution on January 16, 1970. The agreement contained the following provision for support for former wife.

“Husband shall pay to Wife for her support, maintenance and as alimony, the following sums of money:

“b. $500 per month, payable one-half on the 1st and one-half on the 15th days of each and every month, commencing with the month immediately following the sale of the aforesaid residence. The obligation of the Husband to pay the sum of $500 per month, as alimony, as set forth in this sub-paragraph b., shall be non-modifiable and it is expressly agreed between the parties hereto that no Court shall have jurisdiction to modify said sum in any way nor to modify any judgment awarding alimony in conformity with the provisions of this Agreement.

“The obligation to pay the hereinabove described support, maintenance and alimony shall terminate on the earliest to happen of the following events:

“a. Remarriage of Wife.

“b. Death of Wife.

“ c. Death of Husband. ’ ’

On July 29, 1980, former husband filed an order to show cause for modification, termination or revocation of spousal support. The court denied former husband’s request, finding that the marital settlement agreement and interlocutory judgment were not modifiable, revocable or terminable.

Husband appeals, arguing that the marital settlement agreement is revocable because it did not specifically provide that it could not be revoked. He contends that Civil Code 4811, subdivision (b) requires an express pro[1025]vision excluding both modification and revocation, if the provisions of the agreement are not to be subject to change by judicial act. We disagree.