In Re Marriage of Olsen
Opinion
Opinion
Stone, J.
In a partition action of the husband’s military retirement benefits, the trial court ordered that in order to receive her share of the benefits, the wife had to waive further spousal support, which she did. Congress later took away her interest in her ex-husband’s military retirement benefits, Here we affirm the trial court and hold that the trial court had jurisdiction to order spousal support in 1993 even though it had terminated spousal support in 1989 with no retention of jurisdiction. The trial court has inherent power to do justice when an unforeseen change in the law destroys the effect of a prior order.
George Olsen appeals from a January 23, 1993 postjudgment order of the San Luis Obispo Superior Court awarding Mary Olsen $400 in spousal support until his death, her death, or her remarriage. He contends that the court lacked jurisdiction to make the award due to its earlier order of termination of jurisdiction, that the prior order terminating spousal support was res judicata, and that nothing in the 1990 Federal Uniformed Services Former Spouse Protective Act (FUSFSPA) amendment warranted reinstatement of spousal support.