In Re Marriage of Alper

— Appellant Jeanne C. Alper (Wife) appeals from an order dismissing her order to show cause re contempt against respondent Malcolm D. Alper (Husband). Wife sought substantial amounts of spousal support which had been unpaid by Husband. In dismissing the action, the trial court held it had no power to enforce Wife’s claim by way of contempt. The issue presented is whether the support obligations contained in the parties’ marital settlement agreement were sufficiently incorporated and merged into their Arizona divorce decree to be enforceable by contempt.

The parties were married in Arizona in 1974 and divorced in Arizona by decree of the Superior Court of Pima County, Arizona, filed May 26, 1977. They had executed a marital settlement agreement dated May 23, 1977.

The Decree of Dissolution

The Arizona decree of dissolution of marriage contains the following pertinent provisions: “3. The Court finds that at the time this action was commenced, husband and wife were domiciled in Arizona and it has been maintained for ninety days; the conciliation provisions of A.R.S., Sec. 25-381.09, either do not apply or have been met; the marriage is irretrievably broken; and to the…