In Re Marriage of Melton

Vivienne Madalyn Melton appeals from an order modifying spousal support provisions originally ordered in an interlocutory judgment entered in 1969, granting her a decree of separate maintenance and granting Robert Everett Melton a decree of divorce.

The parties were married in 1943 and separated in 1967. Their two children were over the age of majority when the interlocutory judgment was entered in October 1969. That judgment approved an “integrated property settlement agreement” and awarded property in accordance therewith, including an award to Robert of military retirement benefits and a private pension plan with Jet Propulsion Laboratories. It further ordered that he pay, for Vivienne’s support and maintenance, $450 a month, commencing October 1, 1969, until further order of the court.

The settlement agreement provided that payment for her support continue until death of either party and that it be permanent and not subject to change unless either of the following conditions occur: (1) Wife shall incur substantial medical expenses which are not provided for or covered by husband’s military benefits or any other coverage; and/or (2) Husband shall suffer a substantial…