Fukuzaki

By this petition for writ of mandate, petitioner (Jimmie) seeks to nullify an order of respondent court holding a marital settlement agreement provision for spousal support was modifiable.

Jimmie and Masae separated in 1967, after 16 years of marriage. The parties signed a marital settlement agreement on the 26th day of November 1971. The agreement contained a spousal support provision and a further statement that the agreement was to be merged in the judgment of marital dissolution. On July 25, 1980, Masae secured an order to show cause concerning modification of spousal support. Pursuant to stipulation of the parties, the court limited its initial hearing to the question of the right of the court to modify the spousal support award under the terms of the agreement. Following a hearing conducted virtually on briefs and an examination of the agreement, the court determined that it had jurisdiction to consider modification. This writ petition followed, and we issued our alternative writ.

Our resolution of the sole question presented is controlled by the provisions of Civil Code section 4811, subdivisions (a), (b), and (c), and paragraphs 4, 8, 10, and 17 of the marital…