In many instances, a divorce case never goes to trial because the parties settle their issues and incorporate a Marital Settlement Agreement as their divorce judgment. Because family law cases involve complex issues of child custody, child support, spousal support and property division, it is important that you and the other party fully understand the terms of your settlement agreement. Therefore, when entering into a Marital Settlement Agreement, it is vital that you speak with an experienced divorce lawyer from Wallin & Klarich.
In any divorce proceeding, you and your spouse can enter into a Marital Settlement Agreement that will resolve any family law issues and be entered as your divorce judgment. With regard to the issue of spousal support, spousal support awards can be modified “except as otherwise provided by agreement of the parties.” Thus, you and your spouse can determine and decide the exact terms of spousal support, including the amount to be paid and the duration of support to be paid.
Under Family Code Section 4337, spousal support automatically terminates upon the death of either party or the remarriage of the supported party. However, Section 4337 can be waived by each party in a Marital Settlement Agreement. There is no law or legislation that requires specific language to waive the provisions of Section 4337. Therefore if you and your spouse are going to waive the provisions of Section 4337, it is important that your divorce lawyer drafts a Marital Settlement Agreement that expressly waives the code section.
In a recent California case, the Court denied a husband’s motion to terminate spousal support. The husband claimed that under Section 4337 his obligation to pay spousal support terminated because his ex-wife remarried. The Court disagreed. The Court stated that although the parties’ Marital Settlement Agreement did not mention remarriage as a terminating event, the parties waived Section 4337 because the agreement repeatedly included provisions and clauses that spousal support was non-modifiable and non-revocable. The agreement terminated the Court’s jurisdiction over the issue of spousal support. Further, the Marital Settlement Agreement specified when support could be modified and when it would terminate.
If you have an ongoing case or plan on starting a case in a family law court, it is important that you retain an experienced and knowledgeable divorce lawyer who can help you with the complex and detailed family law issues. Wallin & Klarich has experienced divorce attorneys who can help you today. If you have questions or concerns about your case, call us at 888-749-7428. We are able to be there for you wherever you happen to live. We will be there when you call.
