Sloan

Sloan v. Mitchell

Good Law
104 Cal. Rptr. 418·1972 Cal. App. LEXIS 734·28 Cal. App. 3d 47
Court of Appeal of CaliforniaOctober 6, 1972Civ. 39466California1,366 words

Opinion

Opinion

Jefferson, J.

Plaintiff Eugene Sloan brought this action for declaratory relief, seeking a determination that a certain obligation, incurred by him pursuant to a marital settlement between himself and his ex-wife Vera, the defendant herein, was an obligation subject to discharge in bankruptcy. The trial court found the obligation constituted spousal support; that it did not terminate upon the remarriage of Vera; and that it was not discharge-able in bankruptcy. Plaintiff has appealed the judgment.

Eugene and Vera Sloan separated in 1958, after 18 years of marriage; there were no minor children. At that time, Eugene was employed as a commercial airlines pilot, grossing $1,800 per month. The parties entered into an agreement entitled “Property Settlement Agreement” on May 19, 1958; it was thereafter incorporated into the interlocutory decree granted Vera on June 12, 1958.

Article 6 of that agreement provides: “That in consideration of the years of married life, to-wit: eighteen (18) years, between the parties hereto, the husband hereby agrees to pay to said wife, Vera L. Sloan, the sum of Five Hundred ($500.00) Dollars per month for the remainder of their joint lives. Said payments…

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