Tremayne

Defendant, plaintiff’s former husband, appeals from a judgment in a declaratory relief action which determined that under a property settlement agreement and a supplement thereto, executed by the parties in connection with their divorce proceedings, he was obligated to continue support payments to plaintiff for a period of ten years and thirty days ending on January 21, 1972, notwithstanding her remarriage in 1963. The judgment was also against defendant on his cross-complaint which sought $1,200, his agreed share of the proceeds from the sale of certain realty; however, since the trial court found that plaintiff has undertaken to give defendant credit therefor, that phase of the litigation requires no formal consideration.

Certain background facts are without dispute. The parties, parents of two children born in 1953 and 1956, respectively, separated on May 9, 1960. On that date they entered into a property settlement agreement which, after reference to the pendency of a divorce proceeding instituted by the wife, made provision under separate paragraphs for (1) the support of the children, (2) a division of the community property and (3) support of the wife. In addition the…