Avis v. Liss

[1428]Opinion

JACKSON, J.* In this marital dissolution action, appellant Shannan Avis Liss (Wife) appeals from the trial court’s further judgment on reserved issues. She contends the court improperly retained jurisdiction to award spousal support to respondent Steve Shalom Liss (Husband). Finding no merit to this argument, we affirm.

Wife’s petition for dissolution of marriage and Husband’s response were filed on Judicial Council official forms. In Wife’s petition, by checking the appropriate boxes, Wife requested that spousal support be awarded to her. In his response, by leaving the boxes blank, Husband failed to request that spousal support be awarded to him. On November 1, 1989, the court filed judgment dissolving the marriage. Pursuant to the parties’ marital settlement agreement and stipulations the court at that time decided certain property and other issues. That judgment expressly “reserve[d] jurisdiction over the issue of spousal support” and other issues.

Trial of the reserved issues came on for hearing October 1, 1990. In his trial brief, Husband urged that despite a marriage of over 13 years, the court should not award spousal support nor retain jurisdiction to do so. Husband’s argument was that both parties were employed during the marriage, and indeed that Wife’s employment history was more stable than Husband’s.

At trial, the court on its own motion suggested that in light of the length of the marriage the court should retain jurisdiction as to spousal support for either party. Wife objected to retaining jurisdiction over spousal support for Husband, on the ground Husband had not requested spousal support in his initial response to Wife’s petition. Wife argued the court had no “jurisdiction” to retain jurisdiction over spousal support for Husband. The court indicated it would retain jurisdiction unless there was a clear-cut waiver from Husband. Husband stated he would not waive the right to ask for support in the future.

The court did not award spousal support but retained jurisdiction over the issue of spousal support for each party until either party’s death, remarriage or further order of tibe court. The court’s statement of decision explained that it retained jurisdiction over the issue of spousal support for each party based on the length of the marriage, and despite Husband’s prior failure to request spousal support in his response, because Husband did not waive spousal support.