Forgy

William J. Forgy, the former husband of Bonnie Louise Forgy, appeals from an order, in their divorce action; denying his motion to modify a previous award of spousal support premised on a separation agreement.

The agreement was executed on March 7, 1969, and was incorporated in an interlocutory judgment of divorce entered on October 22, 1969. In substance the agreement provided, and the court, in effect, ordered the husband should pay his wife, monthly, as support and maintenance for herself, 33‘A percent of his gross pay from the Navy plus an additional amount we need not consider; and upon his retirement the payments would become 40 percent of the husband’s naval retirement pay plus an additional 10 percent of the husband’s adjusted gross income for United States governmental purposes excluding retirement pay. The husband retired after entry of the final decree, which incorporated the provisions of the interlocutory decree.

In response to the husband’s motion to modify, the court found the agreement was nonmodifiable and denied the motion on this ground.

At the time the agreement was executed and the interlocutory judgment was entered, former Civil Code section 139…