In Re Marriage of Ostrander

Husband appeals from an order awarding spousal support five years after entry of judgment of dissolution. He contends that since no spousal support was ordered at the time of dissolution, and there was no express reservation of jurisdiction over spousal support, the trial court lacked jurisdiction to later award such support. We shall affirm.

Facts

Husband and wife separated in July 1989, after 24 years of marriage. In her petition for dissolution, wife requested spousal support “(only if contested)." In her declaration in support of a default dissolution, she requested the court to reserve jurisdiction to award her future spousal support. The court subsequently entered a judgment of dissolution pursuant to the parties’ written stipulation. The attached stipulation declared that the parties wished to “resolve the issues related to support, custody, and division of property . . . The stipulation provided for child support until the parties’ younger daughter reached age 21. The stipulation did not specifically refer to spousal support and did not mention the court’s jurisdiction over spousal support issues. When the period for child support expired, five years after entry…