In Re Marriage of Winter

Thomas Q. Winter (Husband) appeals from an order requiring him to pay temporary spousal support to Sandra R. Winter (Wife). We affirm.

Facts

Husband is a physician and a lawyer; Wife is a nurse and a teacher. Pending dissolution of their 22-year marriage, Wife filed a motion in August of 1990 for temporary spousal support “according to the Sonoma County Guidelines.” (Civ. Code, § 4357.) Husband filed a responsive declaration stating inter alia that “I am willing to pay spousal support on behalf of my wife pursuant to the Sonoma County Court Guidelines and agree the Court should make a temporary order in that regard.”

The parties entered into a court-approved stipulation in November of 1990. They agreed that Husband would pay spousal support of $4,033 per month during September-December 1990, “without prejudice to either party as to the ultimate determination of appropriate temporary spousal support for this period of time, or to the level of any future spousal support payments ordered.” The stipulation was based on the assumption that the parties would be filing a joint tax return for 1990, and it states that the amount paid for support “shall be adjusted to accurately…