In Re Marriage of Stimel

When a supported spouse seeks an order directing her former husband to apply for life insurance naming her as beneficiary and stipulates that she will pay the insurance premiums herself, is the motion a request for modification of spousal support requiring a showing of a material change in circumstances? We have determined the proper response is “no.” Accordingly, we reverse and remand.

Factual Background

Following 31 years of marriage, John and Jeann Stimel separated in March 1992. John was employed as an investigator for the Department of Motor Vehicles earning $3,579 per month. He also received a monthly pension of $2,420 from the Oakland Police Department retirement fund. Jeann was employed as a secretary earning $2,554 per month. The couple had accumulated numerous assets including a home, various investments and bank accounts, and cars. They had no minor children.

Jeann filed a petition for dissolution, and the parties entered into an oral stipulation on issues of property, support, and marital status. As part of the agreement, Jeann was to receive half of John’s monthly pension income. Additionally, John agreed to pay spousal support of $300 per month. The…