Getz v. Gibbs

Filed 4/20/04 Getz v. Gibbs CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

Jerilyn Getz (wife) appeals an order terminating the spousal support and life insurance obligations of Scott W. Gibbs (husband) under the parties' marital settlement agreement. The only issue presented on appeal is whether the trial court had jurisdiction to modify the parties' agreement. We conclude the trial court did, and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

After less than two years of marriage, the parties divorced in 1988. Their brief marriage resulted in no children. On January 14, 1988, the parties entered into a marital settlement agreement (1988 agreement) to dissolve their marriage. The 1988 agreement, and an addendum to it irrelevant here, were approved by the trial court and incorporated into a final judgment entered on March 8, 1988.

Under the 1988 agreement, husband agreed to, among other things, pay spousal support to wife in the sum of $9,000 per month, and to maintain certain insurance policies on her behalf. Those spousal support obligations were to continue until wife's death, regardless of whether she remarried or cohabitated with another man. Under paragraph 1(d) of the agreement, the parties were specifically precluded from modifying or revoking the amount or duration of spousal support except by their written agreement:

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