In Re Marriage of Smaltz

Charles M. Smaltz appeals from an interlocutory judgment of dissolution of marriage which ordered, inter alia, that appellant husband reimburse the marital community for spousal support payments made by him to a former spouse out of community funds.

The parties had been married for approximately three years. There were no children of this marriage. At the date of separation, both appellant and respondent Rosemarie H. Smaltz were employed with a net monthly income of $1,741 for appellant, and $1,310 for respondent.

This was the second marriage for both parties. Pursuant to court order entered prior to the parties’ marriage, appellant paid $450 per month in spousal support payments to his former wife throughout the course of his marriage to respondent. These support payments, in the total sum of $16,200, were made out of community property funds earned by appellant and respondent during their marriage. The trial court found that there were no separate funds available to appellant during the marriage from which the payments could be made.

The interlocutory judgment provided that “No spousal support shall be awarded.” However, it further ordered that: “13. The marital…