Marr. of Schu

When does “until” begin? Here we conclude it begins when “when” begins.

A marital settlement agreement provides that the trial court will reserve jurisdiction to award long-term spousal support “until” the wife is released from prison. Wife files a motion for support five weeks before her release, set to be heard three days after her release. The hearing is twice continued, once because husband is out of the country, and once so he can obtain wife’s vocational examination. The trial court concludes that its jurisdiction has expired and issues an order denying spousal support to wife. Wife appeals the order. We reverse.

FACTUAL AND PROCEDURAL HISTORY

Genise Schu (Genise) and Donn Michael Schu, Jr. (Mike), were married in 1986 and separated 23 years eight months later in 2010. They have three adult children.

In 2010, a court sentenced Genise to six years in prison after conviction of seven counts of unlawful sexual intercourse with a minor under 16 years of age and three counts of oral copulation of a minor under 18 years of age. (Pen. Code, §§ 261.5, subd. (d), 288a.) Mike filed a petition for legal separation on April 7, 2010. Three days later, Genise began serving…