In Re Marriage of Zlatnik

Donald Zlatnik contends the trial court lacked jurisdiction to extend his spousal support obligation beyond the termination date to which he and his former wife, Pamela Zlatnik, stipulated. We agree and, accordingly, reverse.

I.

Donald and Pamela Zlatnik dissolved their 14-year marriage in bifurcated proceedings in December 1978. A few months later, they entered into a written stipulation, drafted by Donald’s counsel, dividing their community property and awarding spousal support, child support and custody. An order prepared pursuant to and contemporaneously with the stipulation was approved by the court.

The stipulation and order were virtually identical in content with the exception of paragraph 6 in each. Paragraph 6 of the stipulation read: “That husband shall pay to wife as and for spousal support the sum of $1,900.00 per month, payable on the 1st day of each and every month, commencing April 1, 1979, and continuing thereafter on the 1st day of each and every month for a period of seven (7) years, unless sooner terminated by the death or remarriage of wife, or the death of [husband]. Spousal support shall be modifiable as to amount only by further order of court…